The main opponents of the State Corporation “Deposit Insurance Agency” (DIA) in the litigation of creditors operating in the Khanty-Mansiysk Autonomous Okrug “Kayyum Neft” have received new allies. Unexpected for market participants against the DIA at the last meeting was the speech of the bankruptcy manager of the oil asset Alexei Posashkov. The anti-crisis manager of the company, along with Gazprombank, the Federal Tax Service and the former general director Alexander Barybkin, insisted on the agency’s refusal to include hundreds of millions more in the bankruptcy estate of the bankrupt organization. Observers have already connected the manager’s actions with possible opposition within the DIA, as well as with the attempts of the “new owners” of Kayum Neft to keep the company as an active asset. Meanwhile, market participants have already called the position of the fiscals and Posashkov “a game against the state.” As it turned out, out of all the claims of the state corporation for the recovery of funds from the debtors of Bank Yugra, only 1.57 billion rubles were received in the bankruptcy estate. At the same time, DIA payments to depositors amount to tens of billions.
The Eighth Arbitration Court of Appeal refused to include Bank Ugra, represented by the DIA, in the register of creditor claims of JSC Kayum Neft (the FTS associates the asset placed in Khanty-Mansi Autonomous Okrug with the arrested ex-owner of Bank Yugra Alexei Khotin and the Rus-Oil holding) debt in in the amount of 11.6 billion rubles. We are talking about overdue payments on loans and interest on them.
As follows from the documents, in their claims, the financiers refer to the loan agreements of Vostok LLC, Building Group LLC, Axioma LLC, Ritm LLC and guarantees provided by Kayum Neft. In substantiating the appeal, Bank Yugra refers to the fact that until March 2021, the financial and credit organization did not have the material right to require JSC Kayum Neft to fulfill obligations under surety agreements. At the same time, the bank insists that the limitation period for claims has not expired.
However, the court once again did not support the position of the DIA (it is the bankruptcy trustee of Yugra Bank. – Ed.) in relation to 11.6 billion rubles. At the beginning of this year, the Khanty-Mansi Autonomous Okrug arbitration denied the state corporation’s claims. This turn of events allowed observers to characterize the DIA as “the most unsuccessful organization on the list of those opposing Alexei Khotin.”
“If you recall the entire history of the proceedings, then it was the DIA that started the war and took away Bank Yugra from Khotin and actually participated in the recent change of power to Kayum Neft. The position of the bankruptcy manager of the oil company, Alexei Posashkov, is also interesting in recent proceedings. Today he is in opposition to the DIA, and in fact, is an ally of other participants in the dispute – Gazprombank, the Federal Tax Service, and even the former general director of Kayum Neft Alexander Barybkin, who is called Khotin’s classmate, ”informed market participants argue.
These words are confirmed by the details of the proceedings, which are reflected in the court ruling. Both Gazprombank, the fiscals, and the ex-general director of the oil asset – and, surprisingly, Posashkov – unanimously asked that the previously adopted judicial act be left unchanged, and the appeal of Yugra Bank represented by the DIA was not satisfied.
“What is this? Opposition and different teams within the DIA? Or is Posashkov already working for the new owners of Kayum Neft after the managers and Khotin guards were expelled from there? observers ask.
Recall that back in December last year, the objects of the oil company got out of the physical control of Alexei Khotin. Then it was reported about the forcible seizure of the acceptance point, the point for loading oil and the company’s field in Urai. Among the possible interested parties were the ultimate owners of NZNP Trade, which was previously part of the Yug Rusi group of Sergey Kislov. At the same time, insiders assigned the DIA a special role in the operation, through which, probably, the beneficiaries acted.
Later, information appeared about the renewal of the managerial staff of the troubled asset. It is noteworthy that in addition to plans to attract people to work, who, according to observers, “faithfully served the ex-banker”, the services of AMPARO Group LLC also appeared on the list. It was assumed that cooperation would cost Kayum Neft 18.3 million rubles. This money, according to the interlocutors of the publication, can become a real reward for Posashkov for working for a bankrupt organization.
At the same time, the ongoing events provoked representatives of the professional community to talk about the intensification of the struggle between creditors and victims who need the same money in the same disputes and cases. “And now there are contradictions between the DIA, Gazprombank, Sberbank, Alfa-Bank, VTB and the Federal Tax Service. Now also within the Deposit Insurance Agency. Of course, both Gazprombank and the tax authorities, and even more so the new operators of Kayum Neft, would not like to share such a significant amount with the DIA, because the company, with all its iron and drawn reserves, has a specific real value – no more than 50 billion rubles. And the 11.6 billion claimed by the DIA will take away at least a quarter or even a third of the company’s value. There is not enough money for everyone, ”financial analysts conclude.
Whose position was taken by the bankruptcy trustee, market participants can only guess so far. At the same time, most of the arguments point specifically to the new owners of Kayum Neft. “However, it is not profitable for them, like the rest of the participants in the process, to give all the money to the DIA. The fishery is working, production is underway, new contracts are being signed. Although it is obvious that without the participation of the state corporation, they could not enter the facilities. And Posashkov can be proof of that. In the video with the moments of the capture of the company, a person who looks like a bankruptcy trustee clearly appears,” eyewitnesses recall the events.
At the same time, the interlocutors of the publication point to an interesting Forbes study on the issue of amounts and processes around Khotin and his businesses. The situation, in their words, is identical everywhere: companies go bankrupt, the ownership scheme is blurred between affiliated structures, courts move on complaints or appeals from one instance to another, cases are dragged out. But they do not completely fall apart, since the connections are obvious.
“The IC, if desired, wins all criminal cases when they bring charges against specific general directors such as Lagvints in Dulisma, Barybkin in Kayum Neft or Patrushev in Negusneft. Money is immediately found, although we are talking about the same billions. As for the DIA, today all its opponents are, in fact, playing against the state. It was the DIA that paid 179 billion rubles to the depositors of Bank Yugra. At the same time, out of all claims for the recovery of funds from the debtors of the latter, only 1.57 billion rubles were received by the bankruptcy estate, ”active observers of the events summarize.