We know everything about bankruptcy
20/05/2024
Monday
20 May 
1970 Vladimir Zelensky became the president of Ukraine.
1970 The proclamation of the Republic of Cuba, the evacuation of the American troops.
1970 Vasco da Gama became the first European to arrive in India, sailing around Africa.
ARBITRATION OF THE MOSCOW DISTRICT OUTLINED THE BOUNDARIES OF THE MORATORIUM ON BANKRUPTCY
In case no. A40-140652/2021 of the VEB Group of Companies.The Russian Federation demanded that the court recover from Igor Chernobai his share in the amount of 0.1% of the authorized capital of the Kargalinskoye company. The fact is that it was she who became the collateral for the execution of the guarantee that the entrepreneur made in 2020 in relation to the debt of the Gas and Oil Company.
Gas and Oil Company issued a credit line in the amount of $170 million in 2014 in Globexbank. The original guarantor for the obligations of the company was the company "Archangelovskoe". In 2018, Globexbank transferred the rights to claim credit obligations to VEB.The Russian Federation under the assignment agreement. And soon the bankruptcy of the guarantor began (case no. A40-122093/2018).
WEB.In this situation, the Russian Federation announced that the entire loan debt must be paid urgently, as required by law (Articles 813, 819 of the Civil Code of the Russian Federation) and the terms of the contract itself. By the end of September 2019, the Gas and Oil Company did not have time to quickly find more than $100 million.
However, in 2020, a way out of the financial impasse seemed to have been found. The guarantor was Igor Chernobai, who pledged his share in LLC "Kargolinsky". The nominal value of 0.1% was 10 rubles, but the entrepreneur agreed on its initial selling price of 7 rubles.
Chernobai's actions did not save the Gas and Oil Company from bankruptcy. In 2021, VEB.The Russian Federation began to bankrupt the organization, having claims to it for $ 154 million. The guarantor was asked to repay the debt, however, they did not receive the money. Then the state corporation decided to recover the collateral through the court.
Despite the fact that the WEB.The Russian Federation was supported by the capital arbitration and the appellate instance (9th AAC), Chernobai tried to suspend the recovery. However, he did not receive understanding from the cassation.
The district court refused him, explaining its decision by the fact that the government act applies only to those who are undergoing bankruptcy proceedings.
In its verdict, the court indicated that the moratorium established by the government is limited to the circle of persons undergoing bankruptcy procedures. And since there is no information about the plaintiff's insolvency in the case, it is not possible to extend this act to him. Moreover, the courts began collecting the pledged share from Chernobai last year.
