Bankruptcy story ex-director tour operator that ceased operations DSBW Tours continues. This time, the Moscow Arbitration Court ruled that Karen Goncharov's sale of an Audi TT shortly before the bankruptcy proceedings began was illegal.
Let us recall that the tour operator DSBW-Tours announced the suspension of its activities in July 2018. Later, in October of the same year, the court declared Goncharov bankrupt. However, in 2019, the head of the bankrupt company decided to return to the tourism business again. At the same time, he promised that all the money received from the sale of his property would be spent on paying off debts: “Last year, the court declared me bankrupt as an individual. All my property has already been inventoried and will be sold at auction, and all the money from the sale will go to paying off debts.” However, in reality, it turned out that not all of Karen Goncharov’s property was intended for sale at auction - some of it had already been sold or donated before the bankruptcy proceedings began.
Thus, earlier the TRN portal learned that shortly before the introduction of the bankruptcy procedure, the former head of DSBW gave a 25/28 share of his apartment on Bolshaya Ordynka to his children. In addition, Goncharov sold a second apartment, also located on Bolshaya Ordynka, to SDM Bank. However, the debtor's financial manager Mark Varnavsky doubted the legality of these transactions, filing applications to the court (1, 2) to recognize them as invalid (more details at the link: https://www.trn-news.ru/news/88808). As a result, on one of the applications, the court shared the position of the bankruptcy trustee - the transaction to sell one of the apartments on Bolshaya Ordynka was declared invalid (more details at the link: https://www.trn-news.ru/news/90013). The second application has not yet been considered by the court.
At the same time, as it turned out, shortly before the bankruptcy, the debtor alienated not only real estate. According to court materials, in July 2018, that is, in fact, just a month before the start of the bankruptcy procedure, the businessman sold one of his Audi TT cars for only 700 thousand rubles. However, as follows from the court decision, the market value of the car on the date of its alienation was 65% higher than the sale price. Just like in the case of the apartment, this transaction was also declared invalid in September 2019
According to Senior Managing Partner of the law firm PG Partners Petr Gusyatnikov, such transactions are often declared invalid within the framework of the debtor's bankruptcy procedure. "What seems to the debtor to be a brilliant idea - for example, as in the court decision under consideration, to sell property at a reduced price, in fact can only make any bankruptcy specialist smile. Transactions with unequal consideration, that is, with an understatement of the price or a gift, made shortly before bankruptcy, have been contested for several years with a probability close to 100%, and the property is returned to the bankruptcy estate, in order to actually go under the hammer," the expert noted.
Source: trn-news.ru