AU ASSOCIATIONS ARE THREATENED WITH BANKRUPTCY DUE TO A DEBT OF 26.1 MILLION

A message published by Alexey Nikolaev, the bankruptcy trustee of the Intarsia company, appeared on the Fedresurs website. In it, he stated that he intends to seek bankruptcy through arbitration of the Association of Arbitration managers (AAU) "Orion".

The basis was a debt of 26.1 million rubles.

The lawsuit between Nikolaev and AAU "Orion" began in November 2021. The bankruptcy trustee appealed to arbitration, demanding to recover from the organization 38.2 million rubles of compensation for losses caused to Intarsia by the inaction of its former manager Maxim Chizhov.

Chizhov has been a member of AAU Orion since mid-2014. During his work as an arbitration manager of Intarsia (2016-2019), his liability for 10 million was insured in several firms (ASK Rosmed and SO Help). But insurance companies went into bankruptcy, and Chizhov refused to pay. As a result, Nikolaev filed a lawsuit against the association.

The court, having considered the claim of Nikolaev in June 2022, made a decision to recover compensation in the amount of 26.1 million from AAU Orion. Subsequently, the appeal and cassation agreed with this verdict. The judges relied on the fact that the court decision to recover 38.2 million in damages from Chizhov had already been made earlier.

The Association of AU "Orion", trying to appeal the decisions of the courts, insisted that the action that caused the losses (or rather inaction) Chizhov's work with the counterparties of a bankrupt organization should be considered a one-time and lasting one. That is, compensation from the SRO fund for this, according to Article 25.1 of the Federal Law "On Insolvency (Bankruptcy)", should not exceed 5 million.

The courts considered that there were seven episodes of such inaction. The losses incurred by Intarsia also related to different assets, not the same property. Therefore, the responsibility of AAU "Orion" for its member is 26.1 million.

To receive money according to the writ of execution presented to the bailiff service, Nikolaev failed. The Association of AU "Orion" is in no hurry to voluntarily part with a large sum. The organization sent a complaint against the verdicts of three judicial instances to the Supreme Court of the Russian Federation, and Nikolaev warned that he intended to bankrupt the organization if the money did not arrive at the accounts of Intarsia.

Photo by Freepik