
The bankruptcy trustee of LLC Kholidei LLC demanded that the retailer’s deal with Interplus LLC be invalidated by 2.7 million rubles. The company delivered goods to the stores since 2011, but the manager decided that the payment was made "during the" suspicious "and" debtor's transaction led to the predominant satisfaction of the claim of one of the creditors. "
The requirements of the bankruptcy trustee were supported by one of the main creditors-Alfa-Bank. Representatives of Interplus said that the company received money in the process of ordinary economic activity, and some of them were allegedly transferred by court decision, the arbitration documents said.
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“Indeed, the debtor’s assets are significant, and this transaction does not go beyond the limits of 1% of the threshold value specified in the above rule of law, however, the court takes into account the explanations of the bankruptcy trustee, according to which the total amount of claims repaid with preference exceeds 6 billion rubles, therefore, each specific transaction with a separate creditor did not have a significant impact on the formation of the bankruptcy estate of the debtor, but the entire massif did not have a significant impact. The transactions made by the debtor created a disproportion between creditors whose requirements are currently in the register and those who have received their requirements in violation of the principles of proportionality and priority, ”the published court decision said.
As a result, the arbitration recognized the transaction invalid and decided to recover 2.73 million rubles from Interplus LLC in favor of Kholidei. In return, the company received the right to claim the same amount within the framework of bankruptcy.
The justification of the decision used by the court is jealous of the transaction and other Suppliers of Kholideya, says Semen Smirnov, a partner of LexProf’s law firm.
“Such decisions on other suppliers will put some of them on the brink of bankruptcy,” Smirnov said in an interview with Taiga.info. “They supply products to the current retail chains, and their bankruptcy can threaten the food security of the region.”
Representatives of part of the Suppliers of Kholideya, including large ones, are also surprised by the decision, and have already begun to discuss it among themselves, Taiga.info found out.
In total, the bankruptcy trustee plans to challenge more than 100 such transactions, follows from the case file. Among them there are not only large companies, for example, Trading Square, Tomsk Beer and Karachinsky Source, but also representatives of small businesses.
Holidei - was one of the largest Siberian retailers. One of the founders of the network is Nikolai Skorokhodov (the second hundred list of Forbes magazine in 2015). Together with him, a group of companies was ruled by Alexander Brykin, Anatoly Dubayko, Yuri Aksenov, Sergey Stepanov and Igor Ivanov.
The group of company Kholidia included eight networks: Holide Classic, Holds, Siberiada and others - only more than 500 outlets. The company's net profit in 2016 amounted to 25.9 million rubles. At the end of 2017, against the backdrop of reports of high payables and bankruptcy claims, the Siberian retailer announced the sale of part of the stores of the federal network "Lenta"-by the summer of 2018, the signs have already changed. Holidei focused on stores in the format of discounters ("Holds").
The courtrecognized Kholiday bankrupt in February 2019. The register includes creditors' claims for 15.87 billion rubles.
In early December 2019, it became known that the Altai network Maria-Ra was negotiating on the purchase of part of the Kholideya retail space.