Advocates of Trubor law firm won the case on subsidiary liability of the controlling person in bankruptcy

05.08.2021

Advocates of Trubor law firm won the case on subsidiary liability of the controlling person in bankruptcy. The court rejected a claim against our client, a well-known restaurateur, owner of the restaurants El Gaucho and Bocconcino

The debtor's creditors filed a claim for bringing the Client of Trubor law firm to a subsidiary liability after the debtor’s bankruptcy case was closed.

In the case that was tried by the Moscow city Arbitrazh (Commercial) Court (case No. A40-58208/20-190-103 B) lawyers of Trubor law firm proved to the court that there were no legal grounds for bringing our Client to subsidiary liability.

The applicants referred to the new practice of the Supreme Court of the Russian Federation, alleging that the principal resorted to an unfair business model, since each restaurant in a group operated as a separate legal entity.

The lawyers of Trubor law firm succeeded in persuading the court that a scenario wherein each restaurant in a group operates as a separate legal entity is a fully legitimate arrangement as a matter of Russian law, and is not in itself an attempt to create a "profit" and a "loss centres".

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