We know everything about bankruptcy
19/04/2024
Friday
19 April 
1970 the Indian National Congress agreed to divide the country into India and Pakistan
1970 the Indian National Congress agreed to divide the country into India and Pakistan
1970 The bicycle’s day. The scientist Albert Hoffman, who synthesized LSD, first took it and rode his bicycle home from the laboratory
1970 The bicycle’s day. The scientist Albert Hoffman, who synthesized LSD, first took it and rode his bicycle home from the laboratory
1970 The independence of Belgium from the Netherlands was recognized
1970 The independence of Belgium from the Netherlands was recognized
GEOLOCATION FAILED. THE ARBITRATION RECOGNIZED THE SALE OF THE CAR AS A FAKE TRANSACTION
The ruling of the Kuban Arbitration Court on this case (No. 43/68-B-86-C) was made public in full on December 29, 2022. The organization itself was declared insolvent in the summer of 2019. Its sole owner was Vladimir Gavrilenko.
The arbitration manager appealed to the court to challenge the deal on the alienation of the car. The car was sold on October 10, while the bankruptcy process of PCP "ZHBIK" was launched on October 8, 2018. The buyer of the vehicle was Alina Lyasheva.
Subsequently, another deal was signed with Anton Yanovsky, while the date was not specified on the contract. Formally, Yanovsky had no relation to the Lyashev family or the PCP "ZHBIK". At the same time, as he himself stated in the arbitration court, he was recognized as a bona fide buyer of the vehicle, according to the decision of the Krasnodar district court of December 17, 2020.
However, there was no copy of the court's decision attached to Yanovsky's petition, as well as evidence that it had entered into legal force. As a result, the arbitration recognized the contract with Yanovsky as a transaction made only to create visibility, while the court also did not find clear evidence of payment of the contract.
The organization's deal with Alina Lyasheva also needed to be challenged. The fact is that she was the wife of Vladimir Lyashev, who had a partnership with the owner of the company, Vladimir Gavrilenko. Both of them were co-owners of LLC "ZHBIK GEO". However, on October 26 of the same year, a few weeks after the start of the bankruptcy process against the company PKP "ZHBIK", Lyashev withdrew from the common business with Gavrilenko.
The court was presented with evidence from the mobile operator (MTS PJSC) serving the subscriber number of Vladimir Lyashev. According to the base stations, it turned out that on June 5 and 6, 2020, he was in Elista and near the city. Traffic police data confirmed that there was a car "bought" from the organization in the same area. A similar coincidence was discovered on October 2, 2020, when the car was in the same place and at the same time as the subscriber number.
The arbitration concluded that the car was driven by Vladimir Lyashev, and the transactions with his wife and Anton Yanovsky were invalidated. The reissued asset of PKP "ZHBIK", which does not have evidence that an equivalent performance was provided to the counter, will need to be returned to the bankruptcy estate. Interim measures against the car were taken on October 9, 2018.
Photo: Freepik
