The nature of the regress claim of controlling persons in a bankruptcy case

Kuznetsov Andrey Vyacheslavovich

The article examines the nature of the regress claim of the controlling person in a bankruptcy case. The grounds for the occurrence of a regress claim and the procedure for submitting a regress claim are investigated. The position of the judicial authorities on the possibility of including a recourse claim in the register of claims is indicated only in the case of full execution of the judicial act on the involvement of the controlling person to subsidiary liability. The nature of the recourse claim is considered through the prism of subsidiary liability. The author concludes that the regress claim of a controlling person in a bankruptcy case differs from the doctrinal nature of such a claim. It is suggested that the recourse claim has the nature of a refund of unused funds. The article formulates the position that a recourse claim can be sent only in respect of funds received precisely by bringing the controlling person to subsidiary liability. The author comes to the conclusion that the recourse claim does not create a monetary obligation of the debtor to the controlling person and is aimed only at returning unused funds received from the fact of bringing such a person to subsidiary liability.

Keywords:controlling persons, subsidiary liability, recourse claim, nature of liability, illegal behavior, bankruptcy, responsibility of the controlling person.