The court overturned the decision to declare the Lead Recovery LLC bankrupt
The Supreme Court refused to satisfy the cassation appeal of the Main Department of the State Tax Service in the Kharkiv region and left still the decision of the Eastern Economic Court of Appeal dated January 17, 2022 (in case No. 922/1903/18), which was
— the decision of the Economic Court of the Kharkiv region dated 04.11.2021 on declaring LLC Lead Recuperation bankrupt was canceled;
— the plan for the rehabilitation of the LLC was approved;
— LLC Dneprometsplav was recognized as the debtor’s investor.
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The tax authorities asked the Supreme Court to leave the decision of the Economic Court of the Kharkiv region dated 11/04/2021 on declaring Lead Recuperation LLC bankrupt, writes Finbalance.
According to court materials, during the reorganization of Rekuperatsia LLC Lead Remediation Managers were asked to apply a scheme of work with tolling raw materials.
The court materials provided information that the total value of the debtor's property, taking into account the value of pledged property under pledge (mortgage) agreements, was UAH 2.49 billion, and the total amount of creditors' claims that were included in the register of creditors' claims was UAH 7.07 billion .
On September 24, 2019, the Economic Court of Kharkiv Region, as part of the case on declaring Lead Recovery LLC bankrupt, approved the register of creditors' claims, including in it: Eaglen Enterprises LTD claims — UAH 4.9 billion (fourth stage); PJSC Vesta-Dnepr — UAH 356.6 million (fourth stage); Ukreximbank — by UAH 235.5 million (including UAH 230.1 million — the fourth stage); GU SFS in the Kharkiv region – UAH 36.2 million (including UAH 33.5 million – the sixth stage), etc. Separately, the claims of VTB Bank for UAH 1.45 billion were included in the register of creditors' claims as secured by collateral.
Lead Recovery LLC was associated with the Vesta battery group, the founder of which is Viktor Dzenzersky, the father of the ex-people's deputy Denis Dzenzersky (was Deputy Chairman of the BP Committee on Financial Policy and Banking).
In 2011, Westa Corporation carried out an IPO on the Warsaw Stock Exchange. It was valued at almost $190 million (portfolio investors purchased 25% of the company's shares for $46 million).
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