As it became known to “Kommersant-Yug”, Alfa-Bank tried to “press out” the Taganrog firm “BIS Consulting” in a bankruptcy case against the famous entrepreneur Kirill Podolsky. The bank, through arbitration, demanded to deprive it of the position of the first applicant creditor, stating that this firm was affiliated with the entrepreneur. However, the court did not recognize Mr Podolsky’s connection with BIS Consulting. According to lawyers, the actions of the bank are aimed at taking control of the bankruptcy procedure of Kirill Podolsky, transferring it into the hands of "his" manager.
The Fifteenth Arbitration Court of Appeal confirmed the decision to declare Kirill Podolsky bankrupt upon the application of BIS Consulting LLC (information about this is in the court file of files). The complaint against this decision was filed by Alfa-Bank, in which they believe that he, and not an LLC, should be recognized as the initiator of bankruptcy. The bank will justify its position by the fact that the allegedly “BIS Consulting” is affiliated with Cyril Podolsky. Alfa-Bank stated this, citing the Unified Statements: according to its data, Roman Subbotin is a participant in BIS Consulting LLC. He was previously a co-founder of the now liquidated Invest-Alliance LLC. Oksana Bukhman-Vasilchenko also owned shares in this company, which now owns shares in Smartsids LLC, where Kirill Podolsky until 2017 worked as CEO. In addition, Invest-Alliance was associated with one of the structures established by the entrepreneur holding Yugtranzitservice. Based on these data, Alfa-Bank concluded that the management of BIS Consulting was coordinated with Kirill Podolsky. However, the appellate court rejected the affiliate version, recognizing the absence of evidence that the entrepreneur can influence this creditor.
As “Kommersant-Yug” wrote earlier, in August “BIS Consulting” applied to arbitration with a statement recognizing Mr. Podolsky as untenable due to a debt in the amount of 560 thousand rubles. (For more, see “Kommersant-South” No. 201 of November 1, 2018). In November, the court satisfied him and opened the procedure for selling the property of an entrepreneur. By that time, Alfa-Bank entered into the business with a demand of 836.2 million rubles. This amount is the debt of Volary Export LLC (Ukraine) for outstanding loan obligations. Kirill Podolsky charged himself with him to the bank, which now makes claims against him as a guarantor (for more, see “Kommersant-South of Russia” -Online of November 30, 2018).
In the course of the bankruptcy proceedings, Alfa-Bank tried to become the legal successor of BIS Consulting in the position of the first applicant creditor in a bankruptcy case, paying off Mr. Podolsky’s debt in his place. However, the company did not provide the bank with the numbers of its accounts for transferring money.
According to the partner of the law firm Sotby, Anton Krasnikov, the position of the first applicant will allow Alfa-Bank to propose to the court the candidacy of an arbitration manager.
“Carefulness and thoroughness of actions undertaken by him to search for the debtor’s property, identify and dispute suspicious transactions of the debtor, promptly take actions in bankruptcy and ultimately the amount of satisfaction received by the creditors in the bankruptcy case depend on the personality of the trustee. The presence of affiliation between the applicant-creditor and the debtor may entail doubts about the true independence of the proposed manager and a potential conflict of interest, ”Mr Krasnikov explained.
Dmitry Kletochkin, partner of the law firm Rustam Kurmaev & Partners, agrees with him. “Therefore, a citizen could easily arrange with the help of an affiliated creditor the appointment of a friendly financial manager, which the bank doesn’t like,” the lawyer explains.
Kirill Podolsky himself noted “Kommersant-South”, that in 2016 he had taken actions to settle the debt to Alfa-Bank. “On account of its repayment, the bank took from me the accounts receivable of the company Ukrlandfarming in the amount of about $ 20 million, which is almost twice the loan obligations. But the bank did not act as a partner, ”the businessman says. According to him, at that time he was negotiating the sale of his agricultural assets to the Krasnodar Agrocomplex. Tkachev. The presence of debt prevented the closing of the transaction, and he was forced to agree with the additional requirement of the bank to become a guarantor for the problem loan. “After that, Alfa-Bank for some reason could not collect the debt from Ukrlandfarming and now begins to poison my life. The main thing is that there is no practical sense in this, ”said Kirill Podolsky.
Alfa-Bank did not respond to the request of “Kommersant-South” to comment on the situation.
A native of Taganrog, Kirill Podolsky, is known as the creator of the holdings Yugtranzitservis and Valars Group. Since 2006, the latter was engaged in the production and trade of grain, it owned about 200 thousand hectares of land, warehouse complexes with a total capacity of 972 thousand tons, including three elevators, as well as a network of trade missions and two grain terminals in Taganrog and Azov. In 2014, the structure of the Valars Group began to experience financial problems due to excessive debt burden. In this regard, the group was forced to sell off assets and cease operations.
After that, Kirill Podolsky became involved in the implementation of commercial Internet projects. In particular, he founded the online service for purchasing airline tickets and booking hotels on Anywayanyday.com. In July 2015, he co-invested the project with the online real estate agency Myhomeday.com. However, later Kirill Podolsky left both projects and launched the Smartseeds IT platform for automating the transportation of agricultural goods. The co-owner of the group “Guta” Artem Kuznetsov and his partners invested in the project.