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UNPRECEDENTED VIOLATIONS HAVE SURFACED IN THE GAZ-ALLIANCE BANKRUPTCY CASE
UNPRECEDENTED VIOLATIONS HAVE SURFACED IN THE GAZ-ALLIANCE BANKRUPTCY CASE
The arbitration practice has encountered a situation that has no analogues in the framework of the completed insolvency case of the Gaz-Alliance company. Despite the formal termination of the process and the removal of the legal entity from the state register, the arbitration does not terminate the consideration of isolated disputes and issues rulings. The volume of unresolved claims from creditors is estimated at half a trillion rubles. The applicants point to a gross violation of their rights, and the liquidated structure no longer participates in the meetings.
The activities of the organization, established in 2014 and, according to the press, associated with businessman Sergey Kurchenko, were widely publicized. The peak of media attention occurred in 2018. It was then that the organization acquired a monopoly status, supplying coal from the regions of the DPR and the LPR. This displeased competitors, and also led to the imposition of American sanctions against the company and its owner.
Obligations to Energomashbank have become an important aspect of the story. In 2019-2021, the company acted as a major guarantor. After initiating its own insolvency procedure in 2021, the bank filed a claim for 18.2 billion rubles, citing non-repayment of funds by borrowers. Three judicial instances considered the parties interconnected, and the cash flow was in transit, recognizing the guarantee agreements as invalid. The subsequent decision of the Supreme Court to review the case created a legal opportunity for other creditors to file claims.
The bankruptcy proceedings were completed in 2025 after the submission of the prosecutor's office. She noted that some of the disputes are related to work in the DPR and LPR. At the same time, many procedural actions remained incomplete: the assets were not sold, and the petitions for involvement in the subsidy were not considered.
The current practice, when the court appoints hearings after the liquidation of a legal entity (deleting it from the Unified State Register of Legal Entities), causes serious criticism from lawyers. They point out that all isolated disputes, with the exception of claims against controlling persons, should be terminated in such cases. Creditors find themselves in a position where their interests cannot be fully protected.
Experts remind that any procedural actions on the completed bankruptcy are permissible only on condition that no duties are assigned to the company, which has already ceased to exist. If court rulings leave applications for inclusion of claims in the register of creditors or claims for challenging transactions without motion, such acts are subject to appeal.
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