Underestimation of reserves in lending as the basis for the responsibility of the bank’s management in bankruptcy proceedings

The author examines the issues of holding managers and other controlling persons of a credit organization accountable in bankruptcy cases. Analyzes judicial practice and legislation relating, in particular, to the grounds for holding bank management accountable, the specifics of reserves formed by banks when lending to borrowers, and ways to counter and protect against claims of the Deposit Insurance Agency. Comes to the conclusion that in the case of resolving such disputes, it is necessary to take into account the risk factor when making any business decision.