NIZHNEKISLYAI DAIRY COMPANY STARTED BANKRUPTCY DUE TO INACTION

The largest producer of condensed milk, located in the Voronezh region, began bankruptcy proceedings (supervision) by simply not appearing in court. The initiator of the trial in October 2021 was the capital firm "Us Liberum". The debt was only 566 thousand rubles.

By the end of February, both firms agreed to offset obligations and successfully forgot about the application filed in court. The arbitration court decided that the parties know about the dates of the meetings through publications on the website. As a result, the case was considered by a judge in March 2022 in the absence of the parties. Supervision was introduced in the Nizhnekislyai Dairy Company (NMK), and Roman Morgunov was appointed interim manager.

NMK's attempt to challenge the court's decision on appeal, undertaken at the end of April 2022, was unsuccessful. The court was informed that the creditor provided all the documents at the end of 2021, agreeing to take over the financing of the bankruptcy procedure. In addition, US Liberum even requested to postpone the court session, that is, it demonstrated an active role in the trial that has already begun.

Despite the position of the former creditor who supported the NMK's complaint in court, the interim manager of NMK also refused to terminate the procedure. The publication "Kommersant-Chernozemye", which tried to find out from him the reasons for such a refusal, failed to get an answer. His representatives reported that the employee who prepared the review is currently absent.

As a result, the dairy company had no choice but to file a cassation complaint. It is planned to consider it in early September. And the creditor who has not appeared in court, who has filed a motion in the court of first instance to dismiss his claim, is still waiting for the result of its consideration. At the same time, according to experts, the process will become difficult to stop if another creditor arises in the case. In the meantime, several dozen lawsuits have been filed against NMK in the arbitration court over the past couple of years, but the amounts appearing in them do not exceed 50 thousand rubles.

The NMK dairy plant is located in Buturlinovsky district. The company has been producing condensed milk for 65 years. Currently, the company is managed by JSC "Bi-Ai Granum". The firm is a structure of Molproekt, which has been controlling NMK since 2011. The company employs more than 200 employees. The company's revenue in 2021 decreased by 44% compared to 2020 (from 873.8 million to 494.3 million).