VTB Bank is seeking bankruptcy recognition of the beneficiary of OOO Mars M, Mikhail Kosov. The company was implementing the project to build the "Atrium Gallery" on the street. Leningrad in Samara. In 2014, "Mars M" stopped coping with the debt burden. The debt of the organization to VTB Bank was about 900 million rubles. Mikhail Kosov acted as a guarantor for the loans of "Mars M". As Mikhail Kosov told Kommersant, it has nothing to pay off the company's debts, all means are invested in the construction of the Atrium.
The claim for the recognition of Mikhail Kosov as insolvent Bank VTB sent to the Arbitration Court of the Samara region last Friday. The details of the case are not disclosed - the application has not yet been accepted for production.
• LLC Mars M was established in 1994 in Samara. The owners of the organization are Mikhail Kosov (99%) and JSC VTB Development (1%). The company was the operator of the construction of the "Atrium Gallery", which was launched in 2011. The investors were VTB Bank and Gazbank. Part of the "Atrium" passed to banks as collateral. In 2014, the "Mars M" began to experience financial difficulties, the construction was braked. In May of the same year, Gazbank due to a debt of 62 million rubles. went to court with a demand to recognize the operator of the "Gallery Atrium" bankrupt.
Mikhail Kosov's company was declared bankrupt and opened bankruptcy proceedings in July 2015. The arbitration manager appointed Alexey Skrynnik. In addition to Gazbank, VTB Bank (899 million rubles), Leonid Kuderov (32 million rubles), Comstrin LLC (1.1 million rubles), etc., entered the register of Mars M creditors, etc. In June 2016, the bankruptcy trustee asked the court to bring Mr. Kosov to subsidiary liability for more than 128 million rubles. Later, Alexey Skrynnik increased the amount to 1, 032 billion rubles. In September, the court suspended the proceedings, as the sale of the property of the operator of the Atrium Gallery was not completed. Last month, the nine-storey building of the gallery with an area of 4284 square meters. m, mortgaged in VTB, as well as land with an area of 538 square meters. m and 92.3 square meters. m, the block complete transformer substation and water-heating gas boiler were sold at auction for 38.6 million rubles. (the initial value of the lot exceeded 244 million rubles.) Nikolai Bulokhov, the owner of LLC "Titul", the operator of the shopping center "Opera", located in the neighborhood with the "Atrium". As Mikhail Kosov admitted then, the new owner is close to him and the project will soon be fully implemented. However, who will finance the construction of the gallery, it is still unknown. According to Mikhail Kosov, he had no personal funds left. Also, as the businessman says, in the bankruptcy case, he has nothing to give the bank, only housing is in the property.
Kommersant was told in the press service of VTB that due to the fact that neither Mars M nor Mikhail Kosov can pay off the obligations to VTB, the bank filed an application for bankruptcy of Mikhail Kosov. "We will continue to seek full recovery of the debt of Mikhail Kosov in accordance with the law," the bank said.
As the lawyers explaining the greatest interest to the creditor within the framework of the bankruptcy of Mars M, the asset went under the hammer at an obviously understated price, which prevented the bank from satisfying even a large part of the bankruptcy requirements, so the claim against Mikhail Kosov was quite predictable.
According to the head of the legal department of HEADS Consulting Diana Moklozyan, if the debtor did not fulfill its obligations, surely the creditor turns to the guarantor, if he did not fulfill his obligations, then the creditor only has the possibility of bankruptcy.
"Whether Mikhail Kosov possesses property that can be included in the bankruptcy estate, the administrator will determine. In practice, such property is often located. In addition, even if a person managed to refuse in favor of third parties from certain valuable assets, it is worth considering the fact that in practice, suspicious transactions and preferential transactions committed within six months before the person is declared bankrupt are successfully challenged, "says the manager a partner of the company "Criminal Code and Business" Alexander Pakhomov.
Partner of the legal company "Rustam Kurmaev and Partners" Dmitry Kletochkin adds that in case of willful bringing to bankruptcy and illegal transactions with property on the eve of bankruptcy, the debtor may face a criminal case.
The claim for the recognition of Mikhail Kosov as insolvent Bank VTB sent to the Arbitration Court of the Samara region last Friday. The details of the case are not disclosed - the application has not yet been accepted for production.
• LLC Mars M was established in 1994 in Samara. The owners of the organization are Mikhail Kosov (99%) and JSC VTB Development (1%). The company was the operator of the construction of the "Atrium Gallery", which was launched in 2011. The investors were VTB Bank and Gazbank. Part of the "Atrium" passed to banks as collateral. In 2014, the "Mars M" began to experience financial difficulties, the construction was braked. In May of the same year, Gazbank due to a debt of 62 million rubles. went to court with a demand to recognize the operator of the "Gallery Atrium" bankrupt.
Mikhail Kosov's company was declared bankrupt and opened bankruptcy proceedings in July 2015. The arbitration manager appointed Alexey Skrynnik. In addition to Gazbank, VTB Bank (899 million rubles), Leonid Kuderov (32 million rubles), Comstrin LLC (1.1 million rubles), etc., entered the register of Mars M creditors, etc. In June 2016, the bankruptcy trustee asked the court to bring Mr. Kosov to subsidiary liability for more than 128 million rubles. Later, Alexey Skrynnik increased the amount to 1, 032 billion rubles. In September, the court suspended the proceedings, as the sale of the property of the operator of the Atrium Gallery was not completed. Last month, the nine-storey building of the gallery with an area of 4284 square meters. m, mortgaged in VTB, as well as land with an area of 538 square meters. m and 92.3 square meters. m, the block complete transformer substation and water-heating gas boiler were sold at auction for 38.6 million rubles. (the initial value of the lot exceeded 244 million rubles.) Nikolai Bulokhov, the owner of LLC "Titul", the operator of the shopping center "Opera", located in the neighborhood with the "Atrium". As Mikhail Kosov admitted then, the new owner is close to him and the project will soon be fully implemented. However, who will finance the construction of the gallery, it is still unknown. According to Mikhail Kosov, he had no personal funds left. Also, as the businessman says, in the bankruptcy case, he has nothing to give the bank, only housing is in the property.
Kommersant was told in the press service of VTB that due to the fact that neither Mars M nor Mikhail Kosov can pay off the obligations to VTB, the bank filed an application for bankruptcy of Mikhail Kosov. "We will continue to seek full recovery of the debt of Mikhail Kosov in accordance with the law," the bank said.
As the lawyers explaining the greatest interest to the creditor within the framework of the bankruptcy of Mars M, the asset went under the hammer at an obviously understated price, which prevented the bank from satisfying even a large part of the bankruptcy requirements, so the claim against Mikhail Kosov was quite predictable.
According to the head of the legal department of HEADS Consulting Diana Moklozyan, if the debtor did not fulfill its obligations, surely the creditor turns to the guarantor, if he did not fulfill his obligations, then the creditor only has the possibility of bankruptcy.
"Whether Mikhail Kosov possesses property that can be included in the bankruptcy estate, the administrator will determine. In practice, such property is often located. In addition, even if a person managed to refuse in favor of third parties from certain valuable assets, it is worth considering the fact that in practice, suspicious transactions and preferential transactions committed within six months before the person is declared bankrupt are successfully challenged, "says the manager a partner of the company "Criminal Code and Business" Alexander Pakhomov.
Partner of the legal company "Rustam Kurmaev and Partners" Dmitry Kletochkin adds that in case of willful bringing to bankruptcy and illegal transactions with property on the eve of bankruptcy, the debtor may face a criminal case.
Business
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