THE MANAGER FAILED TO CHALLENGE THE SALE OF ASSETS OF THE BASHKIR SHOPPING CENTER

THE MANAGER FAILED TO CHALLENGE THE SALE OF ASSETS OF THE BASHKIR SHOPPING CENTER

THE MANAGER FAILED TO CHALLENGE THE SALE OF ASSETS OF THE BASHKIR SHOPPING CENTER
During the bankruptcy of the Ufa Cotton Mill, the arbitration court considered the legality of the sale of two commercial premises in the Ufa Iremel complex. The sale of real estate with an area of 241.3 and 242.5 square meters to entrepreneur Alexey Shcherbatsky for 8.6 million rubles took place in 2018. Bankruptcy trustee Anastasia Arakelyan challenged these agreements, believing that the price of about 17.7 thousand rubles per square meter caused damage to creditors and was significantly underestimated.

The manager's position was based on a possible affiliation. The case file indicated that the buyer's sons controlled a number of companies previously associated with the asset. In addition, Dmitry Shcherbatsky owned a stake in NPRS Taimen LLC, where ex-MP Marcel Yusupov, the main owner of the plant, was listed as a co-owner. A version was also put forward about the withdrawal of funds through the transit companies Meronline and Park City Ural. 

But the court of first instance, and then the appeal, refused to satisfy the claims. The key was the conclusion of the forensic examinations, which confirmed the market nature of the price. An important proof was the subsequent sale in 2024 by the manager of the neighboring KHBK market facility to the same Shcherbatsky at a price of 19.1 thousand rubles per square meter, which is comparable to the deal of 2018. 

Lawyer Dmitry Salov explained that the court took into account not only expert assessments, but also data on the collateral value from SMP-Bank, as well as the results of other auctions. Legally, with the proven equivalence of the transaction – the replacement of an asset with cash – affiliation factors lose their decisive importance, since no harm is caused to creditors. Revision is possible only if the alleged payment is revealed, when the calculations were carried out using the debtor's own funds. 

The company with Yusupov's 78.3% stake was declared bankrupt in June 2020. Its total revenue for that year was 100.4 million rubles with a loss of 1.9 billion rubles. Judicial acts left the premises with the buyer, without including them in the bankruptcy estate.

    

Photo: Freepik

22.01.2026