Within the framework of the insolvency case of a construction company, the bankruptcy trustee applied to a citizen who was listed as the general director of this legal entity with requirements to transfer the accounting, reporting and other documentation of this legal entity, as well as seven cars and other material assets belonging to the construction company. By the ruling of the Arbitration Court of the Orlov Region dated August 23, 2022 in case No. A48-10053/2019, the application of the bankruptcy trustee was satisfied, documents and material assets were demanded from the former general director.
The citizen did not participate in the process and learned about the court ruling only a few months later. With the help of our bureau, he restored the deadline for filing an appeal. During the consideration of the case in the Nineteenth Arbitration Court of Appeal, we managed to prove that the citizen agreed to be a nominal director for a while by mistake. In fact, he always worked as an ordinary builder on a full-time basis, he never carried out actual activities to manage the company, did not sign documents, did not receive a salary, and no documents or material assets of the company were transferred to him. Taking into account the actual circumstances of the insolvency of the construction company, the appellate court, by a resolution dated July 26, 2023, canceled the ruling of the court of first instance and completely refused to satisfy the requirements of the bankruptcy trustee. By the resolution of the Arbitration Court of the Central District dated November 2, 2023, the resolution of the appellate instance was left in force.
