26/02/2019

Court did not revise the settlement agreement of "Best-Botling" Yekaterinburg branch with its creditors

In judjement of the partner law firm "Pavlov & partners" Konstantin Savin, there is reason to believe the decision is controversial.

In detail, the Arbitration court of the Ural district confirmed the legality of the terms of the settlement agreement approved in October 2018 between the creditors of best-botling LLC (Yekaterinburg beverage manufacturer, part of the best group of companies). Yury Baltin, the financial Manager of property of one of creditors "best-botling" filed with a claim for recognition of the agreement illegal.

Financial Manager of Mr. Baltin Catherine Shabunina insisted that the settlement agreement between the creditors, under which Yuri Baltin forgave "best-botling" debt of 68.5 million rubles, was approved by the court without the written consent of the financial Manager of the property, and it violates Art. 213.11 of the bankruptcy law. However, the court found no grounds for the cancellation of the settlement agreement.

Recall, "best-botling" was declared bankrupt in September 2015. At the time of the conclusion of the settlement agreement, the amount included in the register of claims of ten creditors was about 2.2 billion rubles. Under the terms of the settlement agreement, all creditors, except for the collateral, forgave the debtor 90% of the debt. Еhe partner of the law office "Pavlova and partners" Konstantin Savin thinks that there are grounds to consider the decision controversial. "The settlement agreement on the bankruptcy case of best-Bolting differs significantly for the better for one of its creditors, Prometheus LLC, which receives 59.4 million rubles, that is 15 % of the principal debt of this creditor not secured by a pledge, while the remaining non-tax creditors - only 10 %, that violates one of the fundamental principles of bankruptcy - the proportionality of satisfaction of creditors' claims," the lawyer believes.

Source: www.kommersant.ru

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Ирина Кошечкина

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