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2023: Bringing to subsidiary liability of 7.6 billion rubles

In June 2023, the Ninth Arbitration Court of Appeal confirmed the legality of bringing to subsidiary liability for the debts of LLC Pharm Logistic"" former CEO of the company Henry Vogels. The debt is 7.6 billion. rubles

According to the publication "PRObankruptcy," the decision of the Moscow Arbitration Court entered into legal force. The court concluded that Vogels violated the provisions of Section 9 of the bankruptcy law. According to her, the head of the debtor is obliged to apply to the arbitration court if the debtor meets the signs of insolvency and (or) signs of insufficient property, as well as in other cases provided for by this law. In March 2023, the Moscow Arbitration Court recognized as proven the existence of grounds for bringing Vogels to subsidiary liability.

The former head of Pharm-Logistic was brought to subsidiary liability of 7.6 billion rubles
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The court concludes that Vogels H. violated the provisions of Article 9 of the bankruptcy law, according to which the head of the debtor is obliged to apply to the arbitration court if the debtor meets the signs of insolvency and (or) signs of insufficient property, as well as in other cases provided for by this law (paragraph 1). The debtor's application in such cases should be sent to the arbitration court as soon as possible, but no later than a month from the date of the relevant circumstances (paragraph 2), the court said.
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It follows from the SPARK-Interfax system that Henry Vogels headed Pharm-Logistic LLC from April 2016 to February 2017. In December 2018, the court declared the company bankrupt and introduced bankruptcy proceedings. The debtor's register included claims from creditors in the amount of more than 7 billion rubles. The court stressed that the obligation to fulfill obligations to the creditor and, accordingly, the date on which Pharm-Logistic LLC formed a debt, arose from March 2016. At the same time, the court did not prosecute the two former general directors of the company, Sergei Shcherbinin (2012-2016) and Andrei Shishkin (2017-2019), who also appeared in the case as[1] controlling the debtor[2]

Notes

  1. [https://probankrotstvo.ru/news/sud-privlek-byvsego-top-menedzera-366-k-subsidiarke-v-razmere-76-mlrd-rublei-2766 persons
  2. . The court attracted the former top manager 36.6 to the subsidy in the amount of 7.6 billion ]rubles