“Bankruptcy case ‘Stroynovatsiya’ — Inna Vavilova for Delovoy Peterburg
The arbitration court has introduced a procedure of observation in respect of "Stroynovatsiya", a large St. Petersburg road contractor, a member of "Summa" group of disgraced billionaire Ziyavudin Magomedov.
Bankruptcy "Stroynovatsiya" was at "zero" stage in March 2017. "Third parties" quenched sequentially supplied to the court requirements for recognition of the company insolvent. However, in the spring of 2018, the Supreme court explained to the lower courts that this practice is flawed: it allows the debtor with signs of insolvency to restructure the debt unreasonably, as a result of which creditors will be in different conditions depending on the time of filing the claim. After that, the judge of the Arbitration court of St. Petersburg and Leningrad region Ilya Shevchenko saw that third parties (LLC " SN-HPP "and LLC" GS-Engineering"), which extinguished the claims of creditors of "Stroynovatsiya", have common economic interests with the debtor "because they are the same lawyers in the courts, and for him "it became obvious that the company is experiencing serious problems with liquidity, and in this case the debtor has not just a temporary cash gap, but more significant economic difficulties."
Therefore, at the next meeting, when the old rules came time to consider the requirement of LLC "Nakhodka shipyard" 22 million rubles and LLC "GS-Engineering" brought documents on the repayment of this requirement and the rejection of it in succession, the judge Shevchenko did not standard: he satisfied the following five in turn requirements.
Such situations already exist, we have already faced them ourselves, this position of the court corresponds not only to the explanations of the Russian armed forces, but also to the new provisions of the law "On bankruptcy",
- comments on the case managing partner of "Prime Advice" Inna Vavilova.