In the bankruptcy of Saratov Feed Mill OJSC (SKZ), they found someone to write off losses from. By the definition of the regional arbitration of March 30, 1.3 million rubles will be claimed from Anna Tapilina, heiress of the late founder of the enterprise. But this is not the entire amount of the loss.
9.2 million rubles were supposed to be claimed in the bankruptcy estate. This amount follows from the criminal case against the late general director and beneficiary of the SKZ, Viktor Tapilin. Back in 2018, the Oktyabrsky District Court found him guilty under Article 199.2 of the Criminal Code of the Russian Federation – concealment of the company’s funds, which are used to collect taxes and fees. At 9.2 million rubles, the investigation estimated the losses.
As law enforcement officers concluded, Tapilin hid this amount through the settlement accounts of third parties and by issuing funds directly from the cash register to pay for the supply of goods and services. The sentence to the ex-leader entered into force, but on August 16, 2021, Viktor Tapilin died. After that, the bankruptcy trustee Sergei Boldyrev billed his heiress, Anna Tapilina, for his debts.
Initially, they wanted to claim damages from Tapilin himself. But immediately after the verdict was passed in the criminal case of the ex-director, the court dismissed the civil suit of the prosecutor’s office of the Saratov region, since the bankruptcy procedure for the feed mill had not yet been completed.
According to the general rule, the heirs inherit both the property and the debts of the testator, including subsidiary liability, if any. But in the case file, as noted in the decision of the regional arbitration, it is indicated that the amount of property inherited by Anna Tapilina is only 1.3 million rubles. The court decided to collect this amount from her, rejecting the rest of the claims.
As of January 30 of this year, the register of claims of creditors of the feed mill amounted to 167.3 million rubles, current liabilities – another 10.7 million. The formed bankruptcy estate draws 72.1 million rubles, it is not enough for settlements with creditors.
The Saratov feed mill has been going bankrupt since 2016. In 2018, the enterprise reached the monitoring procedure, then the purchase of its debts began. The late CEO Viktor Tapilin managed to transfer his stake to entrepreneurs from Kabardino-Balkaria Rasul Seinov, Kirim Akhmatov and Marat Khamokov for a symbolic amount, subject to the repayment of the plant’s tax debts, which had grown to 20 million rubles, and 5.5 million wage arrears to employees. Instead, the new shareholders undertook to buy the company’s debts, concentrating as a result 90% of the creditors’ claims. In 2020, the rights of claim were transferred to the Penza company Termit Plus.
In the future, the bankruptcy procedure was overgrown with numerous disputes and proceedings between the plant and its creditors. The property of the enterprise was bought by Agrovita LLC, the tax authorities forbade it to be registered. The company planned to turn the plant into an entertainment center “Triumfalny”, the idea was fully supported by the mayor’s office of Saratov. But the company was not destined to become a project investor: the deal to acquire the land and buildings of the feed mill was immediately disputed. The Federal Property Management Agency also made its contribution, which also made claims to the land of the plant on the banks of the Volga.
As a result, at the beginning of this year, the creditors decided not to offer more amicable agreements and approved the final bankruptcy of the debtor. A new creditor appeared on the horizon, the Saratov Macaroni Factory. But the court refused to include it in the register, now the company’s complaint has already reached the cassation, the district arbitration in Kazan will consider it on May 30.
