Subject of Dispute: Imposing Joint and Several Liability on the Director of LLC “Telecommunication and Information Systems” for Untimely Bankruptcy Petition.
Main Arguments of the Court:
The court established that to impose joint and several liability on the debtor’s director, it is necessary to clearly determine the amount of such liability and claim recovery of a specific sum. In this case, the creditor did not specify the amount of damages, therefore the claim is premature. Joint and several liability has a tort nature and is aimed at compensating for damages caused to the debtor and its creditors due to untimely filing of a bankruptcy petition.
Court Decision: The Supreme Court completely cancelled previous court decisions and denied the creditor’s application for imposing joint and several liability on the director.
