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Lawyer Kravchenko dispelled the popular myth about the bankruptcy of a legal entity

Bankruptcy of a legal entity does not guarantee the entrepreneur complete release from the debts of the organization

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Lawyer Kravchenko dispelled the popular myth about the bankruptcy of a legal entity

Bankruptcy of a legal entity does not guarantee the entrepreneur complete disposal of the debts of the organization. This was stated by lawyer Yevgeny Kravchenko in an interview with NEWS.ru. According to him, the main threat to the businessman is subsidiary liability, which allows you to collect debts at the expense of the personal property of the head.

Many entrepreneurs mistakenly believe that bankruptcy works by analogy with resetting the settings on the phone: accumulated debt, zeroed the firm through the court and went on. In reality, the procedure triggers a mechanism that checks the contents of personal pockets.

“Creditors prove that you deliberately or negligently brought the firm to ruin. For example, they did not file for bankruptcy on time, concealed documents or withdrew assets. And now your personal apartments, cars and bank accounts go to repay millions that the company owes, Kravchenko said.

The lawyer said that during the procedure, all the valuable property of the company is collected in the bankruptcy estate and sold at auction. The manager carefully checks all financial transactions for previous years. If it turns out that the manager paid himself a huge premium, gave out an interest-free loan to his wife or sold the truck to the company for a token amount, these transactions will be canceled. The money will be forced to return to the “common pot”, and the head will be sued for personal responsibility.

Earlier, MK in Ryazan wrote that the Arbitration Court of the Ryazan region declared the Region-Agroresurs company bankrupt due to outstanding debt.

Source: Московский комсомолец ↗

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