Defense of Personal Assets Against Subsidiary Liability
Counsel engages in the bankruptcy process. The main principle is truth instead of promises. The chances of full defense in a bankruptcy dispute are 39-48% — this is a lottery, not a professional strategy. A working strategy consists of three logics: prevention years before the trigger, exhaustion of creditor interest in the procedure, and opening the discharge window (paragraph 58 of the Russian Supreme Court Review of June 18, 2025) — for those already facing subsidiary liability.
Three Principles
Truth instead of promises
No "we will beat the subsidiary liability in court." The chances of full defense in a bankruptcy dispute are 39-48%. This is a lottery, not a professional strategy. Accurate risk assessment, realistic chances at each stage, clear boundaries of the possible.
Three parallel logics
Prevention years before bankruptcy (structuring, documentation, transparent operations). The strategy of exhausting creditor interest in the procedure (delaying procedural deadlines, competent management of the CPD's personal bankruptcy as a way to close the perimeter). Opening the discharge window through personal bankruptcy (paragraph 58 of the Russian Supreme Court Review of June 18, 2025) — for those already involved.
Defense of the family perimeter
Property registered to a spouse, children, or mother-in-law is a separate defense front. For every claim to levy execution — analysis of grounds, challenging transactions of bona fide purchasers, countering the recognition of sham transactions.
Discharging subsidiary liability through personal bankruptcy is not a scheme; it is a legal mechanism under paragraph 58 of the Russian Supreme Court Review of June 18, 2025. In the Rasoyan case, RUB 703 million owed to the Federal Tax Service was discharged.
Cascade of CPD Liability
The path from ordinary business to subsidiary liability and back — through discharge under paragraph 58 of the Supreme Court Review of June 18, 2025 (Rasoyan case, A63-1714/2020 — RUB 703 million discharged before the Federal Tax Service).
Real situations
Phrasings are taken from inquiries in 2024-2026 — without disclosing client names.
- The former director filed for bankruptcy, and a subsidiary liability of 80 million is being imposed on the founder.
- The bankruptcy trustee filed a claim to bring the director, his wife, and his mother-in-law, who owns the house, to subsidiary liability.
- The subsidiary liability amount is 500 million, the only asset is an old Ford. What will physically happen because of this?
- The chief accountant resigned 2 years ago. Now she is being brought to subsidiary liability for distorting reporting.
- Will they take away the only housing of 150 square meters under subsidiary liability?
- Went through personal bankruptcy — will the subsidiary liability be discharged after the Supreme Court Review of June 18, 2025?
Specific actions
- Challenging the status of a controlling person of a debtor (CPD) in a bankruptcy dispute. Proving the good faith and reasonableness of the CPD's actions through the business judgment rule.
- Defense against claims for subsidiary liability (52% of claims granted in 2024 — every second one).
- Defense against non-bankruptcy subsidiary liability after the company's exclusion from the Unified State Register of Legal Entities (Resolution of the Russian Constitutional Court No. 6-P of February 7, 2023, Pokul case).
- Defense against the recovery of damages from a director under Article 53.1 of the Russian Civil Code (Russian Supreme Court Review of July 30, 2025, 26 legal positions).
- Protection of family property: challenging attempts to levy execution on the property of a spouse, children, or relatives.
- Discharge of subsidiary liability through personal bankruptcy proceedings — application of paragraph 58 of the Russian Supreme Court Review of June 18, 2025 (Rasoyan case, A63-1714/2020, RUB 703 million discharged before the Federal Tax Service).
- Preventive structuring of asset ownership to protect against future risks (prenuptial agreements, inheritance funds, closed-end mutual investment funds).
From RUB 500,000 per stage
The exact cost is determined after the initial analysis of documents.
What you need to know in the first 24 hours
A short video explanation for those who have no time for long texts right now.
Detailed materials on the topic
These longreads illustrate the method of working with tasks of this type — with statistics, regulations, and real cases.
What is asked most often
?Will the only housing be taken away under subsidiary liability?
?Will subsidiary liability be discharged after the personal bankruptcy of an individual?
?It has been 3 years since resignation — can one be brought to subsidiary liability for the past?
?Does subsidiary liability extend to a spouse's property?
?How much does subsidiary liability defense cost?
Describe the situation
Urgent inquiries regarding already filed subsidiary liability claims — responded to within the first few hours. Attorney-client privilege is guaranteed.
