THE BANK "TRUST" PREVENTED THE "AZOV-DON SHIPPING COMPANY" FROM GOING TO THE WORLD

The cassation considered the complaint of the Trust Bank, which asked to cancel the settlement agreement of the Azov-Don Shipping Company with the creditor (case no. A53-35252/2020). Earlier, the debtor managed to reach an agreement with the firm "SHD Proton", acting as a creditor in the insolvency case. This allowed the process to be completed. However, the act of the AC of the Rostov region, which approved the agreement in May 2023, was canceled by the district court.

The Trust filed an application stating that it tried to get into the number of creditors three years ago. The bank filed a petition in 2020, but they did not have time to consider it by the time the transaction was completed. And the court approved the agreement, despite the claims of the "Trust". Their amount is more than 370 million rubles, writes Kommersant.

The shipping company is part of the same holding company with the company "Donrechflot". Both companies are engaged in the transportation of goods by water in the South of the Russian Federation. In June 2022, Rusbankrot already covered the situation related to the insolvency process of Donrechflot. The firm owed Sberbank more than 2.1 billion, and the rights of claim from the credit institution were bought by the Moscow company "SHD Proton".

In the fall of 2022, Trust took over the main shareholder of the company, Konstantin Shvalev. He demanded 408.6 million rubles from him. At the end of October, the claim of the "Trust" was accepted by the Rostov arbitration (case no. A53-35920/2022).

The initiator of the bankruptcy of the shipping company in 2020 was a subsidiary of Sberbank, the company "NRK Asset". The firm announced claims in the amount of 2.3 billion rubles related to the loan agreement under which the shipping company acted as a guarantor for Donrechflot. At the beginning of 2022, the debt for 1 billion was sold to Proton Storage. The capital company has agreed to go to the world.

It was assumed that Donrechflot would repay its debts during 2023. At the same time, the Azov-Don Shipping Company will remain the guarantor of the transaction. This made it possible to close the bankruptcy process, but the "Trust" intervened in the matter.

Now the AC of the Rostov region will have to consider the issue of a settlement agreement again, but already taking into account the rights of the Trust Bank and other possible creditors. It will be possible to conclude a deal on the same terms only under two conditions: if the arbitration considers the claims of other creditors (for example, Trust Bank) to be groundless or the shipping company will be able to repay them in full before signing the agreement.

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