RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
THE SUPREME COURT REVEALED SIGNS OF ABUSE DURING THE BANKRUPTCY OF THE SANATORIUM IN ANAPA
The Supreme Court of the Russian Federation has considered a dispute related to the repeated bankruptcy of the sanatorium "Rossiyanka" and actions that could be aimed at hiding property from creditors. The Economic Board of the Supreme Court (SCEC) concluded that even partial fulfillment of debt obligations can be qualified as abuse if the purpose is to protect the disputed transactions.
The story began with the fact that in the period from 2015 to 2020, the sanatorium "Rossiyanka", located in Anapa, was undergoing insolvency proceedings. Then the obligations to creditors were repaid at the expense of a third party. However, during this period, the Cossack Squad security company provided unpaid services.
Businessman Maxim Kocherygin, by way of succession, secured the recovery of debt and penalties from the "Russian Woman" in the amount of 4.18 million and 3.05 million rubles, respectively. Then the "Russian woman" changed her legal address, moving from the Krasnodar Territory to the Penza region. The organization has sold off almost all assets, including 27 different facilities.
One of the objects sold to entrepreneur Polyakov for 129 million was a dormitory building. The deal was concluded, but no payment was received from the businessman.
Since Kocherygin did not enforce the court decision, he initiated a retrial of the Russian Woman's insolvency case. In response, Polyakov repaid the amount of the principal debt, ignoring the payment of the penalty. However, Kocherygin returned the money received from Polyakov, considering the debtor's actions to be unfair.
The arbitration court, which considered the lawsuit in the first instance, closed the case. The court referred to the absence of the main debt. But a subsequent appeal led to the verdict being overturned. The Court pointed out the need to analyze the behavior of the parties in order to avoid possible abuse of law. The cassation instance sided with the first one. But the Supreme Court of the Russian Federation did not support this development of events, legitimizing the position of the appeal.
The SCES of the Supreme Court of the Russian Federation noted that, although only the principal debt is usually taken into account when considering signs of insolvency, in some cases the courts are required to assess the circumstances of the case more broadly, especially if there are signs of asset withdrawal and attempts to impede the challenging of suspicious transactions.
A change of legal address for no objective reason and the sale of large real estate objects – according to the Supreme Court, all this may indicate attempts to avoid legal consequences. Repayment of part of the debt by third parties, in fact, does not exclude possible abuse and should not automatically block the bankruptcy procedure.
Photo: Freepik
The story began with the fact that in the period from 2015 to 2020, the sanatorium "Rossiyanka", located in Anapa, was undergoing insolvency proceedings. Then the obligations to creditors were repaid at the expense of a third party. However, during this period, the Cossack Squad security company provided unpaid services.
Businessman Maxim Kocherygin, by way of succession, secured the recovery of debt and penalties from the "Russian Woman" in the amount of 4.18 million and 3.05 million rubles, respectively. Then the "Russian woman" changed her legal address, moving from the Krasnodar Territory to the Penza region. The organization has sold off almost all assets, including 27 different facilities.
One of the objects sold to entrepreneur Polyakov for 129 million was a dormitory building. The deal was concluded, but no payment was received from the businessman.
Since Kocherygin did not enforce the court decision, he initiated a retrial of the Russian Woman's insolvency case. In response, Polyakov repaid the amount of the principal debt, ignoring the payment of the penalty. However, Kocherygin returned the money received from Polyakov, considering the debtor's actions to be unfair.
The arbitration court, which considered the lawsuit in the first instance, closed the case. The court referred to the absence of the main debt. But a subsequent appeal led to the verdict being overturned. The Court pointed out the need to analyze the behavior of the parties in order to avoid possible abuse of law. The cassation instance sided with the first one. But the Supreme Court of the Russian Federation did not support this development of events, legitimizing the position of the appeal.
The SCES of the Supreme Court of the Russian Federation noted that, although only the principal debt is usually taken into account when considering signs of insolvency, in some cases the courts are required to assess the circumstances of the case more broadly, especially if there are signs of asset withdrawal and attempts to impede the challenging of suspicious transactions.
A change of legal address for no objective reason and the sale of large real estate objects – according to the Supreme Court, all this may indicate attempts to avoid legal consequences. Repayment of part of the debt by third parties, in fact, does not exclude possible abuse and should not automatically block the bankruptcy procedure.
Photo: Freepik
08.08.2025
