Bank “the trust” lost “Open to holding” informal battle for control of the primary stage of bankruptcy of the holding company. The latter can now enlist “loyal” temporary administrator. This advantage gives a tacit ability “Discovery holding” to identify strategic actions together with the liquidator, and also get access to all important documentation and information, the lawyers explained.Arbitration appeal court left without satisfaction the complaint of the Bank “trust”, which tried to challenge the adoption to the court a statement of samobytnosti “the opening of the holding”. Trust, in turn, has sought bankruptcy of the holding company, the debt which the Bank is of the order of 450 billion roubles (according to February 2020). This decision was published the evening of June 17, the examination of the merits is scheduled for July 8. “Despite the fact that formally the date of the adoption of the bankruptcy petition from “the Opening of the holding” is later than the date of the adoption of the Bank “trust”, a statement from the debtor in this case still goes ahead, because it has the filing date of the application to the court was earlier than “Trust”,”— says “Kommersant” partner, law firm “Liniya Prava” Alex Kostomarov.The main asset of “Discovery holding” the miner “AGD diamonds.” At the end of 2019, the net asset value was negative — a minus of 531.8 billion rubles. Respondents ‘ b ‘ lawyers believe that “the Opening of the holding” thus managed to establish control over the primary stage of bankruptcy. And it is the control and analysis of previously committed transactions and the application on excitation of criminal cases against the former management of the debtor on behalf of the interim Manager. Between the creditor and the debtor is a struggle for a “friendly” interim Manager, according to respondents, “b” lawyers. And informal at this stage, “the opening of the holding” have won this battle, although let go the dispute in cassation, says the head of “Bankruptcy” company “Rustam Kurmaev and partners” Oleg Permyakov. If the application lender directly indicate candidate control, the statement of the debtor on a self — regulatory organization (SRO), members of which will be chosen managing, say the lawyers. In practice, this may mean that at this stage the applicant (in this case “OTKRITIE holding”) was able to “speak” with SRO which candidates will be presented to the court.”In bankruptcy, the interim Manager is an active participant in the debate on the inclusion of creditors in the register of claims of the debtor”,— said Mr. Permyakov. According to him, the loss in this fight means that other members will not be able to control the activity and the procedural conduct of the Manager, content important��’s documents, such as financial analysis, the conclusion of transactions subject to contestation. “The classic problem of any bankruptcy — gaining control over him,— said the partner of the Collegium of advocates “Yukov and partners” Svetlana Tarnopol’skaya.— The loyalty of the arbitration Manager — the unspoken thing. But everyone knows that is a huge bonus in any bankruptcy proceedings”. It is one thing to be one of many creditors and obtain information from publications and other public sources, she points out, and quite another — to have access to information first hand. The rest of this information will only get in the end of the procedure — at the first creditors ‘ meeting — and they will have much less time for decision-making, experts explain. According to Svetlana Tarnopolsky, this advantage also gives the opportunity to jointly plan and define the strategic actions of the liquidator.However, under bankruptcy proceedings, a lot can change because the bankruptcy Trustee will be elected by the voting creditors.Olga Cherenkova
