THE WINERY IN THE KUBAN WILL BE BANKRUPTED AGAIN

2 years later, a settlement agreement was concluded between the creditors and the debtor, in which the parties established an 81% discount (before the approval of the settlement agreement, the accounts payable of Lefkadia Wines LLC amounted to 758 million rubles, of which most belonged to the majority creditor, Interfin LLC).

As a result of the approval of the settlement agreement, the debtor's obligation to make payment in the amount of 139 million rubles in favor of the majority creditor was determined.

Later, the right to claim this debt was ceded by the creditor in favor of the affiliated person, and the creditor himself fell into bankruptcy, under which the assignment agreement was challenged.

However, after the agreement was declared invalid by the court of first instance, during the period of appeal of the ruling, a third party on behalf of the debtor was executed in favor of the assignee.

In connection with the non-repayment of the debt to the proper person, the majority creditor applied to the court with an application for termination of the settlement agreement, which was satisfied by the court of appeal, the monitoring procedure was re-introduced against the debtor.

The courts found that the debtor, the creditor and the assignee were affiliated persons, and the assignment of the receivable with its subsequent payment on behalf of the debtor by a third party was aimed at withdrawing the creditor of the receivable from the bankruptcy estate.

Some lawyers note that the resumption of bankruptcy proceedings is fraught with bringing the debtor's managers to subsidiary responsibility. However, it is also important to note the risk of subordination of the majority creditor's claim, if the necessary conditions are in place (at the time of approval of the settlement agreement, the institution of subordination was not known to Russian law, however, today the situation is different).

Photo: Freepik