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 WILL PUT AN END TO THE DISPUTE OVER THE BANKRUPTCY OF THE KUBAN SANATORIUM
The Supreme Court of the Russian Federation is to consider the case of an attempt to declare the Rossiyanka sanatorium bankrupt. The reason for the dispute was the debt owed to businessman Maxim Kochergin. He, in turn, represents the interests of the security organization that provided services to the institution. However, instead of bankruptcy, the sanatorium changed the region of registration and partially repaid the debt.
The creditor claims that the actions taken by the debtor were aimed at avoiding the bankruptcy procedure. He filed a lawsuit to recover more than 7 million rubles, including the principal debt and a penalty. The Krasnodar Arbitration Court (AS CC) recognized that the funds transferred on behalf of the sanatorium had paid off the obligations, and the proceedings were terminated.
But this position has caused controversy. The appellate instance pointed to the lack of a proper assessment of the motives of the third party who paid part of the debt, and possible abuses on the part of the debtor. According to the judges, repayment of obligations only in part of the principal amount may indicate an attempt to avoid bankruptcy and related consequences: contesting transactions and subsidiary liability.
The history of the sanatorium dates back to 1993, when it was registered in Anapa. In 2022, the company changed its region of residence. The Penza region became the new address. The company is headed by Valery Lukyanov. According to the reports, the losses for 2024 exceeded 55 million rubles.
As follows from the case file, ten years ago the sanatorium had already become a participant in the bankruptcy process, but the case was terminated. After that, a large-scale transfer of property to third parties began. One of these purchasers was Alexander Polyakov, who concluded a settlement agreement with the sanatorium, but did not pay the cost of the facility.
The change of address during the consideration of the current case was the reason for the application for the transfer of the dispute by jurisdiction. According to experts, such behavior can be considered as forum shopping – an attempt to influence the composition of the court through "bankrupt tourism."
The district court later overturned the appeal findings. But the Supreme Court of the Russian Federation decided to accept the complaint for consideration, a step that in itself indicates the complexity and ambiguity of the dispute. According to lawyers, the highest authority can either confirm the legality of the termination of the case, or return it to the court of first instance to assess the integrity of the participants and determine the real center of the debtor's interests.
Photo: Freepik
The creditor claims that the actions taken by the debtor were aimed at avoiding the bankruptcy procedure. He filed a lawsuit to recover more than 7 million rubles, including the principal debt and a penalty. The Krasnodar Arbitration Court (AS CC) recognized that the funds transferred on behalf of the sanatorium had paid off the obligations, and the proceedings were terminated.
But this position has caused controversy. The appellate instance pointed to the lack of a proper assessment of the motives of the third party who paid part of the debt, and possible abuses on the part of the debtor. According to the judges, repayment of obligations only in part of the principal amount may indicate an attempt to avoid bankruptcy and related consequences: contesting transactions and subsidiary liability.
The history of the sanatorium dates back to 1993, when it was registered in Anapa. In 2022, the company changed its region of residence. The Penza region became the new address. The company is headed by Valery Lukyanov. According to the reports, the losses for 2024 exceeded 55 million rubles.
As follows from the case file, ten years ago the sanatorium had already become a participant in the bankruptcy process, but the case was terminated. After that, a large-scale transfer of property to third parties began. One of these purchasers was Alexander Polyakov, who concluded a settlement agreement with the sanatorium, but did not pay the cost of the facility.
The change of address during the consideration of the current case was the reason for the application for the transfer of the dispute by jurisdiction. According to experts, such behavior can be considered as forum shopping – an attempt to influence the composition of the court through "bankrupt tourism."
The district court later overturned the appeal findings. But the Supreme Court of the Russian Federation decided to accept the complaint for consideration, a step that in itself indicates the complexity and ambiguity of the dispute. According to lawyers, the highest authority can either confirm the legality of the termination of the case, or return it to the court of first instance to assess the integrity of the participants and determine the real center of the debtor's interests.
Photo: Freepik
11.06.2025
