The bankruptcy receiver of the company "Elit-Maslo" announced the sale of the company's property for 3.67 billion rubles. The company goes through bankruptcy proceedings, its obligations are estimated at 6.87 billion rubles, assets - 2.18 billion rubles., Of which the cost of fixed assets is 1.12 billion rubles. The production capacity of the enterprise was leased by LLC “Kubanskie Masla”, which has already withdrawn the plant at full processing capacity - 1.2 thousand tons of sunflower seeds per day. The company is going to participate in the auction, but experts believe that the assets of the company are likely to be left by the lender of PJSC Bank "FC Otkrytie". According to the interlocutors "Kommersant", the collateralized property can be transferred to the company affiliated with the bank.
The executive director of the National Law Company “Mitra” Zaurbek Akhmetov emphasizes that the policy of " Otkrytie " in respect of the debtor - LLC "Kuban company" Elit-Maslo", on the one hand, is not basic for other large banks, and on the other hand, it is typical enough for this organization. "Most banks, as a rule, try to first solve the issue" in a friendly way ", for example, they are going to restructure their debt. "Otkrytie , judging by the experience of our company, in case of delay, does not make any compromises with the debtor and rarely tries to help him get out of the predicament, "says the expert, noting that such actions of the bank formally do not contradict the law. Mr. Akhmetov draws attention: based on the data of the arbitration, in the framework of the bankruptcy case of “Elit-Maslo” on March 14, the consideration of the issue of procedural replacement of the " Otkrytie” at LLC "Taman Port Company" is scheduled. "It is significant that the Bank" Otkrytie" is giving up the right to demand overdue debt secured by a liquid mortgage, a company whose financial position, in our opinion, clearly does not allow one-time payment to the bank for the conceded claim. In the same way, the Bank "Otkrytie" has done in the bankruptcy case of one of the largest manufacturers of infusion solutions in Russia - OAO NPK ESCOM, in which the right of claim was assigned to a modest LLC Baikal. Practice suggests that such a high-risk cession bank may conduct, most likely, with a controlled structure. The main goal of the bank and its affiliated person, as it seems to us, is getting into the property or establishing control over the assets of the debtor on extremely favorable terms, and not repaying the loan from the latter. "
Materials were taken from “Kommersant”
