Denis Frolov
Head of Litigation and Arbitration Practice
10.10.2017
THE ECONOMIC COMMITTEE GOT TO THE BOTTOM OF HOW THEY ACQUIRED ASSETS FROM A BANKRUPT BUSINESSMAN THROUGH A SURETYSHIP AGREEMENT

In the bankruptcy case of an Orenburg-based businessman Aleksey Pikalov, the economic committee evaluated a scheme which allowed him to sell 100 local stores called СосеДДушка to the X5 Retail Group, when the bankruptcy case had already been instigated against Pikalov.

At least, that is the version voiced the bankrupt businessman’s creditors. They believe that X5 virtually purchased the chain in exchange for paying Pikalov’s debts under the loan agreement, not directly, but through the surety company. And the surety decided to join the line of creditors, which step was opposed by other creditors.

Such schemes are not infrequent, but, as exemplified by the Pikalov’s case, the court may trace them, so resorting to them is not recommended, Denis Frolov comments.