“Red October” the target of creditors
Last week in the framework of bankruptcy proceedings for the bankruptcy of JSC "Volgograd metallurgical plant (VMZ) "Red October" were thwarted by the auction for the sale of property owned by steel giant. The auction came only one participant — CJSC "Volgograd steel works (VMK) Red October. Creditors see in these actions an imitation of formal compliance with procedures of bankruptcy and the withdrawal of assets. According to the "y" part of the creditors has already filed a request to the investigating authorities about the seizure of stocks of subsidiaries VMZ "Red October", which is the main subject of the auctions.
Among the 26 lots offered at auction, the largest was the share of OAO "Volgograd Mechanical plant "Red October" in the amount of 4.9 billion rubles, the debt to JSC "VMZ "Red October" to OOO "Trading house "Red October" size 3.6 billion, discounted to 2 billion RUB, and a wide inventory of movable property. Judicial representative of one of the bankruptcy creditors noted that the composition of lots of puzzling. "Selling equipment outside of the industrial complex and in isolation from the real estate market prices is virtually impossible, it can only buy at the price of scrap. As the debt trading house, he is already inventoried in the insolvency and became part of the share capital of the subsidiaries, that is already in their stock, which is also for sale",?— said a representative of the lender.
CJSC "Volgograd steel works "Red October" — one of the largest manufacturers of metal products special steel grades.
In 2007-2011 was part of the holding "Russpetsstal", 2011 controlled Corporation "Rostehnologii". From January 2011 is under external control. Since 2012, in partnership with the Corporation "Uralvagonzavod". In July 2013, the TFR in the Volgograd region opened against "unidentified persons from the management of JSC "VMZ "Red October" criminal case under article "Wrongful actions at bankruptcy", in particular, for tax evasion. In the register of creditors of ZAO "VMZ "Red October" banks and suppliers of raw materials and services are approximately 40?% requirements most of the requirements are actually owned by the management of the enterprise itself.
The head of the public movement "the People — "Red October" — strength in unity" Sergey Dorokhov said that, according to his estimates, the next auction in a month, will not be held, in the end, "the persons behind the "Red October", legalizes the equipment for the minimum money." "We have reason to believe that these actions are not secured by any property?— says Mr. Dorokhov.?— In addition, as announced in the tax, the enterprise has more than 2.3 billion rubles for them in the near future is considered a question on excitation of business under article "Abuse of trust" because the workers listed the personal income tax, but the company has not transferred money in tax".
The representative of one of the external creditors of the steel giant considers the actions as an attempt by the leadership of JSC "VMZ "Red October" to complete the withdrawal of real assets from the bankruptcy estate, at the same time artificially prolonging the bankruptcy. "On any claim now you can say — they say, look how big trades are now will pass away, and all enough"?— says the source "b".
The lawyer Maxim Lavrov, participating in multiple processes on the side of the creditors of the "red October", explains that in practice, it is difficult to challenge such a transaction, because first you need to prove in court the inaction or misconduct of the Trustee and any follow up actions can also be repeatedly challenged.
Lawyer Igor Gusev considers more promising presentation of property claims to specific individuals — leaders, shareholders, liquidator. "In practice, there are court decisions for hundreds of millions of rubles on similar cases?— said Mr. Gusev. — In order to avoid them, consciously blur the responsibility, for example, spend part of the decision through meeting of shareholders, and some — through a limited Committee of creditors and so forth."
As it became known "Kommersant", VTB group has filed a petition for seizure of stock of subsidiaries, ZAO "VMZ "Red October". VMK, ZAO Red October", where at the end of 2013 in fact transferred most of the employees of the company, as previously reported by "Kommersant", is not legally responsible for the relationship set, ZAO "VMZ "Red October".
100?% shares of CMC, according kartoteka.ru belongs to the JSC "ORT". According to Arbitration court of Moscow region, since November 2013, the company is also in the process of bankruptcy and insolvency lawsuit against her filed by ZAO "VMZ "Red October".
The head of Department on public relations JSC VMK Red October Sophia Paszkowski said that has information only about the current activities of the plant, and on "the problems of the former enterprise" can't even "send someone".