Subject of Dispute: Imposing Subsidiary Liability on Former Founders of LLC “Steelman” for the Debtor’s Obligations in Connection with Driving It to Bankruptcy.
Main Arguments of the Court:
The Supreme Court considers the conclusions of previous judicial instances premature. First, the courts did not fully investigate the evidence of the liquidator regarding the actions of the founders that could have led to bankruptcy. Second, the courts did not take into account the legal presumption of subsidiary liability, which provides that the burden of proving one’s innocence lies with the defendants. Third, the courts did not provide a proper assessment of the circumstances of changing founders to a non-resident during the period of the company’s existing debts.
Court Decision: To cancel previous court decisions and refer the case for a new hearing to the court of first instance for a complete and comprehensive investigation of the case circumstances.
