The Moscow Arbitration Court has ruled the sale of Karen Goncharov's apartment to SDM Bank illegal. The ruling was published in the court's case file.
Let us recall that earlier the TRN portal learned that shortly Before the bankruptcy proceedings began, the former head of DSBW donated a 25/28 share of his apartment on Bolshaya Ordynka to his children. Goncharov also sold a second apartment, also located on Bolshaya Ordynka, to SDM Bank. However, the debtor's financial manager, Mark Varnavsky, questioned the legality of these transactions and filed petitions (1, 2) to the court to invalidate them (more details at the link: https://www.trn-news.ru/news/88808).
At the same time, lawyers noted that such actions most often indicate that a person planning to become bankrupt is trying to avoid fulfilling their obligations to creditors or to give some creditors an advantage over others.
And on one of the applications, the court upheld this position. "To invalidate the purchase and sale agreement for an apartment located at 31/12 Bolshaya Ordynka St., Bldg. 1, Apt. 7, Moscow, with a total area of 94.3 square meters. To apply the consequences of the invalidity of the transaction by returning the said property to the ownership of Karen Evgenievich Goncharov. To restore Karen Evgenievich Goncharov's debt to SDM-Bank (PJSC) in the amount of 65 million rubles," the ruling states.
As Petr Gusyatnikov, Senior Managing Partner at PG Partners, explained to TRN, the court's decision indicates that only one creditor, SDM Bank, emerged victorious in this transaction. The others, however, received nothing. "After the transaction is declared invalid, the apartment will be returned to the so-called bankruptcy estate—the debtor's property, which will be sold at auction. The proceeds from the sale will then be distributed among all creditors," the expert explained.
It's worth noting that Mr. Goncharov recently announced his return to the tourism market, this time as a consultant. However, judging by statements from some former DSBW employees and travel agency representatives, they don't trust the new project of the former owner of the bankrupt tour operator (for more details, see the link: https://www.trn-news.ru/news/88593).
Source: trn-news.ru