Protection against recovery of losses of the former shareholder and CEO of the bankrupt company.

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In the Arbitration Court of the North-West District, Tenzor Consulting Group lawyers successfully defended the interests of the former shareholder and CEO of the company declared bankrupt.

In the framework of the bankruptcy case of a large distributor of electrical equipment, the arbitration manager filed a claim to recover damages from the former shareholder and CEO in the amount of over 1 billion rubles.

The first instance court rejected the stated requirements in full. 13 CСA did not agree with his position, which, on the basis of a complaint from one of the creditors, canceled the ruling of the court of first instance in part and adopted a new judicial act on the recovery of losses in the amount of 108 million rubles.

Disagreeing with the appeal ruling, the lawyers of Tenzor Consulting Group initiated a procedure for revising the ruling of appeal in the court of cassation.  When preparing a legal position, it was possible to identify a number of significant contradictions between the conclusions of the court and the evidence presented by the defendant in defense of his position, in the presence of significant violations of the norms of substantive and procedural law that influenced the outcome of the case.

Based on the results of consideration of the cassation appeal, the CA of the North-West District recognized it as justified, canceling the ruling of the court of appeal in full.

the shareholder's share from recovery of losses.

01 September 2020
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