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"RosModulStroy" returned the property together with a dingy lender

Vladimir Vasiliev
13th appellate arbitral tribunal will assess the legality of entry of claims by LLC "Kronoss" for almost half a billion rubles in the register of creditors during the bankruptcy of well-known LLC "RosModulStroy" (created for one of the directions of the national project "Health). The circumstances of the formation of this debt are very doubtful; and the company assets derived shortly before the bankruptcy – has been returned after the criminal case.


Unidentified executives are getting worried

The return of property of "RosModulStroy" happened to be quite recently, in July 5, 2012. That was not about little things – they returned back production premises, land and equipment worth about 1 billion rubles. That return of property was designed as an agreement to terminate the contract of sale between the Company "RosModulStroy" and LLC "ZERS." The reason specified in the agreement was: "the substantial change of circumstances."

It’s easy to guess about origin of those circumstances: after "ZERS" became the owner of the property, one of the founders of "RosModulStroy" officially appealed to the police. According to the applicant, he his share of the property business was taken over; the capture scheme boiled down to intentional bankruptcy with transfer of assets into the Company "ZERS."

The applicant considered the purchase and sale agreement that was terminated on July 5 to be a fake, and when the Main Investigation Department of Research Affairs of theRussian FederationinSt. PetersburgandLeningradregion had checked it, a criminal case was prosecuted. The main argument in favor of the criminal case was just a fact of dubious transfer of the property of "RosModulStroy" to "ZERS."

Now this episode looks like it has been reversed. It is difficult to say how the investigator will qualify this circumstance, but the reasons for the unexpected occurrence of an agreement terminating the contract of sale within a few days after the initiation of criminal proceedings are transparent: those who  tried to organize a bankrupt proceeding of the enterprise had been scared.

Those persons might be identified by investigators. The decision to institute criminal proceedings stated that managers of "RosModulStroy" are standing behind that happening. " Oglaska " has repeatedly pointed out (http://oglaskaspb.com/eng/bank/a61/) that before the bankruptcy proceedings had started the real first person of the company was the chairman of its board of directors - Vladimir Vasiliev. It is possible that now, after the return of property to"RosModulStroy", the organizers expect of that dubious procedure hope to remain "unidentified."

But it’s too early to say that they have repented and are willing to give up to the investigation. A good example of that is a strange action by bankruptcy trustee of "RosModulStroy", a member of the self-regulating organization of arbitration managers "Continent" - Dennis Panchenko.


Signature from the dead

The Arbitration Court of Saint-Petersburg and Leningrad region included some company "Kronoss "in the list of creditorsf “RosModulStroy " with a debt of almost half a billion rubles. This was in defiance to common sense, but with the full support of the bankruptcy trustee Dennis Panchenko.

"Oglaska" described the questionable aspects of formation of the debt of "RosModulStroy" to "Kronoss": this debt was formed after the "RosModulStroy" had allegedly received bills from "Kronoss", and never paid for them. At the same time, some acts of reception and transmission of bills were signed by the former Director General of "Kronoss" almost 2 months after his death. Later it became known that at the time that signature was dated there were no such bills existing, while the fact of the formation of a large debt is not was not reflected in the financial reports at all.

These and other circumstances did not make  wondering neither Judge Karine Kazarian  who has took decision to include "Kronoss" in the register of creditors of “RosModulStroy ", nor the bankruptcy trustee Dennis Panchenko.

Representatives of another lender - LLC "Flagman" - appealed to the 13thArbitration Appeal Courtto challenge the definition. The meeting has not been scheduled yet, but it will be momentous in its own way: after all, the creditor with a debt of nearly half a billion can control the entire bankruptcy process, which effectively eliminates the legitimate interests of other creditors.

When preparing  the appeal,  lawyers of  "Flagman" identified a number of interesting circumstances due to which "RosModulStroy" became the owner of the bills and owed nearly half a billion rubles to "Kronoss".


Were there any bills?

It is quite difficult to describe all the legal niceties, but some of the circumstances of “RosModulStroy” obtaining 'ill-fated bills are perceivable.

For example, there were papers presented in the court stating that last year, "RosModulStroy" bought 50 bills of JSC "Lakokraska" and JSC "National Satellite Company" totaling 372 million rubles  - all purchased from "Kronoss". However, according to the acts of reception and transmission of those bills, there were 46 bills purchased worth 333 million rubles.  Bills worth such a large sum must have been counted!

As it is stated in the act of reception and transmission of the January 31, 2011 - "RosModulStroy" received 6 bills of "National Satellite Company" from «Kronoss» although in the case file there are copies of 4 bills only. It is not clear, where from the other 2 bills had been received.

Moreover, the documents relating to the receipt of 26 bills of "Lakokraska" by "RosModulStroy" contain a curious discrepancy:  some documents like bills of exchange issued by LLC "Lakokraska" are partly issued by the company with the same name but the JSC. It is interesting that similar mistakes are found in the bills themselves: some of the securities have been issued by LLC "Lakokraska", but stamps are by the JSC. Any businessman can tell that such errors cannot be permitted in securities.

It is worth adding that the document submitted to the court contains a fantastic thing - JSC "Lakokraska" confirmed to "Kronoss” the release of bills about a week before they what been released, judging by the dates on the bills themselves.

And finally, it seems to be odd that copies of bills existing in the case file have no transmission line, which is a major factor in the transition of ownership of a bill from one owner to another. In addition, the original bills are missing in the case file - supposedly "RosModulStroy" paid them to someone.

Thus, LLC "Kronoss" became a creditor of "RosModulStroy" with a half billion debt due to the questionable transfer of promissory bills, which no one saw! Strange circumstances make one think whether "RosModulStroy" has ever received those bills. Investigators will find out. According to our data, law enforcement officials are especially interested in actions by bankruptcy trustee Dennis Panchenko.



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