The modern practice of bankruptcy is full of evidence of professionalism of arbitration managers, however, its management and anti-crisis managers do not always direct their own experience for the benefit of their clients. The law firm "For and Against", representing the interests of Sberbank, participates in a resonant bankruptcy case where they faced unfair anti-crisis activities of the arbitration manager Alexander Barinov, who is in the self-regulated organization "Continent", which illegally seized the funds of the country's largest bank.
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The property of discord
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In the fall of 2008, the new shopping center "Elgrade" was opened in the city of Elektrostal in the Moscow region, the actual owner of which was Mikhail Belavin, a former member of the Board of Directors of Agrokhimbank, who managed to raise loans from Sberbank in the amount of 2 billion rubles for the construction of a large shopping center in the Moscow region . However, the global economic crisis, which peaked in 2009, made serious adjustments to the financial activities of the company Comfort-Service, which was given an impressive loan from Sberbank. As a result, in June 2011 the company was declared bankrupt, and criminal proceedings were instituted against its actual owner Mikhail Belavin. As an arbitration manager of a bankrupt company, Vladimir Dobryshkin was approved, who began his active anti-crisis activities, and already in June 2013 an auction was held to sell the collateral property - the shopping center "Elgrade", the proceeds of which were to be used to pay off the claims of the lien - Sberbank, as well as to pay off the costs of preserving the subject of the pledge, its implementation. The shopping center "Elgrade" was put up for auction with the initial price of 1.757 billion rubles - if the shopping center could be sold at this price, Sberbank would receive 1.67 billion rubles, but the arbitration court dismisses Vladimir Dobryshkin, and argues against the will of creditors in the post of bankruptcy administrator Alexander Barinov, which significantly changes the scenario of bankruptcy, guided by personal selfish interests.

Legal unscrupulous schemes
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Alexander Barinov first of all removes the shopping center "Elgrade" from the auction and initiates disputes on the revision of the previously approved by the court order of its sale. At the same time, the enterprising arbitration manager is actively engaged in leasing commercial space in the shopping center, arguing that this is necessary to generate income to pay off current payments, as well as to pay off creditors' claims. Revenues from the rent Barinov did not send to the account of the repayment of the requirements of the Savings Bank, the pledge of which was the shopping center, and sent them to the costs associated with the security and sale of the subject of the pledge, as well as expenses with other creditors, incl. affiliated, raised himself a reward. For these operations, Barinov used the debtor's main account. In July 2015, the shopping center "Elgrade" was left by Sberbank for itself, because due to the deteriorating economic situation in the country buyers of the shopping center even with a discount was no longer found. Thus, only as a result of delaying the procedure for selling property, the country's largest bank has lost more than 300 million rubles due to depreciation of the collateral. But now the fate of 71 million rubles, 5% of the value of the subject of pledge, transferred by Sberbank to a special account for repayment of expenses for the security of the subject of pledge, its implementation, which the enterprising anti-crisis manager Alexander Barinov decided to keep for personal use, is more interesting.
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Crime and Punishment
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In December 2015, Alexander Barinov filed a petition with the Arbitration Court of the Moscow Region, in which he asked the court to recognize the amount of 71 million rubles as his interest on remuneration. Despite the fact that these funds were supposed to be transferred to the debtor's main account in order to compensate for the costs incurred, and from there transfer Sberbank, the judge of Moscow Region arbitration Petr Morhat satisfied this statement. Not waiting for the entry of the judgment into legal force, Barinov sent the next 71 million rubles to his personal account and immediately asked the court to release him from his post. The court granted the request, now Mikhail Vasilega is confirmed as an anti-crisis manager. In March 2016, the appellate instance reduced the interest on the remuneration of the crisis manager from 71 million rubles to 3.5 million rubles, and in December 2016 the Supreme Court of Justice in general abolished all lower-level judicial acts on the establishment of interest, indicating that the bankruptcy trustee did not have the right to pay interest to himself until the expenses for the maintenance and sale of the subject of pledge were covered from the special account. However, although the court found illegal transfer of 71 million rubles by Barinov to personal use,

YUK "For and Against" represents the interests of Sberbank