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We know everything about bankruptcy
24/11/2024
Sunday
THIS DAY IN HISTORY:
24 November 
1970 The United States and the USSR ratified the nuclear non-proliferation treaty.
1970 The Central Committee of CPSU restored the national autonomy of the Kalmyks, Karachais, Balkars, Chechens and Ingush.
1970 Charles Darwin published The Origin of Species - the first edition was sold out in a day.
24 November
1970 The United States and the USSR ratified the nuclear non-proliferation treaty.
1970 The Central Committee of CPSU restored the national autonomy of the Kalmyks, Karachais, Balkars, Chechens and Ingush.
1970 Charles Darwin published The Origin of Species - the first edition was sold out in a day.
Fraudsters have brought eight Moscow businessmen to bankruptcy
Eight Moscow businessmen became victims of fraudsters using decisions of arbitration courts and bankruptcy laws. The entrepreneurs are not going to give up and have already filed an appeal to the law enforcement agencies and the Investigative Committee. It is not yet clear whether criminal cases will be initiated on the basis of their applications, given that the judicial system, in most cases, has already worked against them.
As Izvestia reports, the forgery of legal documents, thanks to which the victims first officially became debtors, and then went through bankruptcy proceedings, could have become the reason for the bankruptcy of several entrepreneurs at once.
The founder of the creditor organization was Natalia Tuzhilina, and the organization itself was liquidated on June 3, 2021 due to inaccurate information in the Unified State Register of Legal Entities. Neither the defendant nor the plaintiff appeared at the court session, and the judge single-handedly satisfied the claim, relying solely on the documentation submitted to the court.
The owner of the salon, which did not even have time to open, is currently trying to challenge the court's decision, declaring the transaction invalid (case No. À40-196867 / 21-58-1399). She claimed that she did not know about any contract, and she did not buy 38 hairdressing chairs. The money was simply debited from her card (the entrepreneur found out about the existing debt this way) on June 3 - the day of the liquidation of the original creditor.
There are also lucky arbitration cases. Thus, Izvestia cites Bogdanova's words about how the fraudsters failed to ‘steal’ 1.9 million rubles from Svetlana Smirnova. In her case, the court demanded that the applicant should submit a book of purchases and sales, and subsequently refused to accept the claim for consideration. Why other judges did not do the same is a rhetorical question.
Now it remains to consider whether the businessmen will be able to obtain a right for initiation of a criminal case and, within the framework of the criminal process, claim compensation for damage. Moreover, the attention of investigators should be attracted by the activities of a company that buys out multimillion-dollar debts of one-day firms (more than 10 million rubles) for 98 thousand roubles.
As Izvestia reports, the forgery of legal documents, thanks to which the victims first officially became debtors, and then went through bankruptcy proceedings, could have become the reason for the bankruptcy of several entrepreneurs at once.
Creditors in all arbitration cases, as a rule, turned out to be one-day firms, which assigned the rights of claim to the CDEK company (TIN 7724467219), after which they have been liquidated.
For example, the judge of the LRA Natalia Chekmareva on February 19, 2021 issued a ruling in the case No. À40-247746 / 20-64-1684. In it, a certain IRBIS LLC (INN 9729229596) demanded to pay 876,960 rubles under the delivery agreement dated September 11, 2019 from the individual entrepreneur Oksana Bogdanova, the owner of the hair salon.The founder of the creditor organization was Natalia Tuzhilina, and the organization itself was liquidated on June 3, 2021 due to inaccurate information in the Unified State Register of Legal Entities. Neither the defendant nor the plaintiff appeared at the court session, and the judge single-handedly satisfied the claim, relying solely on the documentation submitted to the court.
The owner of the salon, which did not even have time to open, is currently trying to challenge the court's decision, declaring the transaction invalid (case No. À40-196867 / 21-58-1399). She claimed that she did not know about any contract, and she did not buy 38 hairdressing chairs. The money was simply debited from her card (the entrepreneur found out about the existing debt this way) on June 3 - the day of the liquidation of the original creditor.
Now Bogdanova has filed a lawsuit against SDEK LLC (INN 7724467219), but the company has nothing in common with the well-known logistics operator.
Similar stories are told by other victims of the scam, who were virtually ruined due to the fact that they simply did not know about the court hearings. The businessmen also failed to challenge the court decision in appeal and cassation, since the forgery of documents was required to be proved in the court of first instance, according to procedural legislation.There are also lucky arbitration cases. Thus, Izvestia cites Bogdanova's words about how the fraudsters failed to ‘steal’ 1.9 million rubles from Svetlana Smirnova. In her case, the court demanded that the applicant should submit a book of purchases and sales, and subsequently refused to accept the claim for consideration. Why other judges did not do the same is a rhetorical question.
Experts strongly recommend entrepreneurs to systematically check mailboxes and register on the website of the arbitration court, tracking possible claims so that they can challenge the applicant's documents at the very beginning of the process.
For the same reason, individuals are recommended to use the website of the government services.Now it remains to consider whether the businessmen will be able to obtain a right for initiation of a criminal case and, within the framework of the criminal process, claim compensation for damage. Moreover, the attention of investigators should be attracted by the activities of a company that buys out multimillion-dollar debts of one-day firms (more than 10 million rubles) for 98 thousand roubles.
26.11.2021
