Article 76. Consideration of Application for Bringing To Subsidiary Liability outside the Framework of Insolvency Case
On insolvency (LRU-763-son) · Date: 12.04.2022 · In force
After the completion of the proceedings on the insolvency case, the persons whose claims are not fully satisfied, shall have the right to apply to the court for bringing to subsidiary liability outside the scope of the insolvency case, if there are grounds for bringing to subsidiary liability.
If an application for bringing to subsidiary liability is filed in accordance with part one of this article, the following actions shall be performed when considering the application:
if the application does not indicate the persons interested in bringing the persons managing the debtorʼs affairs to subsidiary liability, the court shall leave such an application without movement and grant the applicant the right to familiarize themselves with the insolvency case in order to identify interested persons;
application shall be considered in accordance with the provisions of economic and civil procedural legislation, regardless of the number of applicants;
in a judicial act on bringing a person to subsidiary liability, the amount collected in favor of each creditor and the order in which the claims are satisfied shall be indicated;
in the executive document issued on the basis of a judicial act on bringing the persons managing the affairs of the debtor to subsidiary liability, in addition to information on the amount payable to each creditor, the court shall indicate the order of satisfaction of the claim of each creditor.
