Old cases and new bankruptcies: the biggest lawsuits of the week in St. Petersburg
The head of crisis management and bankruptcy practice Karina Epifantseva commented on the biggest lawsuits of this week.
The claim for the amount of 1.035 billion rubles. CJSC "Investment company “Energokapital” against LLC “Elektronkomplekt”
Karina Epifantseva, head of crisis management group of Duvernoix Legal, confirms that the reason for Energokapital's bankruptcy is that the borrowers have not repaid their debts: “However, if the borrowers were controlled by the same persons as Energokapital and were part of the same group, then there is a question about the integrity of the parties to these legal relations.” The lawyer assumes that the bankruptcy trustee can restore the liquidity of Energokapital only by holding its real beneficiaries liable, since the borrower companies do not have their own property.
The claim for the amount of 610.9 million rubles. LLC “Trust “Trinity” against LLC “Ferrit-SPb”
The bankruptcy proceedings of the St. Petersburg wholesale trading company will continue this week. The debtor was declared bankrupt in May 2018.
The court brought Anna Konstantinova, the former General Director of Ferrit-SPb, to vicarious liability at the last two hearings. Karina Epifantseva notes that this is very fast for such a category of cases: “The defendant did not disputed against the bankruptcy trustee, did not appear at the meeting, did not transfer the company's documents to the bankruptcy trustee, that is, voluntarily assumed responsibility.”
Karina Epifantseva also suggests that the purpose of filing the application was to establish certain circumstances, and not to actually repay the debt by bringing controlling persons to vicarious liability, since the creditor and trustee, for unknown reasons, were satisfied with the imposition of liability only on Konstantinova.