Subsidiary liability becomes a family matter in the bankruptcy of Saratov developers. After IC “ZHBK-3”, in the bankruptcy of which claims were made against the son of the founder of the company, the bankruptcy of the GC “Arkada” develops in a similar way.
By the definition of the regional arbitration of April 27, Dmitry Berezovsky, the son of the founder of the construction group, Alexei Berezovsky, was brought to subsidiary liability. The amount of claims against him for Arkada’s debts is 188.8 million rubles. As early as February last year, the bankruptcy trustee of the Arkada Group of Companies, Aleksey Patsinsky, demanded that both sons of Berezovsky, Dmitry and Kirill, be held liable, but the court found only one to be subsidiarily liable.
Dmitry Berezovsky became the founder of Arkada in 2016, after his father left the company. But he did not stay in this role for long, from February to May, giving way to his brother Cyril. But all the years of the company’s existence, up to the introduction of bankruptcy proceedings, Dmitry Berezovsky remained its general director. For this reason, he was presented with the entire amount remaining outstanding after the company’s property was sold. These are 49.1 million rubles of unsecured claims of creditors of the 3rd stage, 137.5 million rubles of losses in the form of lost profits, fines and penalties, and another 2.1 million rubles of claims recorded in the register. Total 188.8 million rubles.
In 2022, they also wanted to force its head Alexander Melnikov to be responsible for the debts of another company from the pool of Alexei Berezovsky, SPP Arkada LLC. He was presented with losses in the amount of 128 million rubles and asked the court to recognize the director as subject to subsidiary liability. In February of this year, these requirements were combined into one production. The decision has not been made so far, the next trial is scheduled for May 23. There were no claims against the founder of the company, Lidia Berezovskaya.
Today, not much remains of the assets of the once large construction group. At the beginning of February, the apartments remaining at the Arkada Group of Companies, the collateral property of the bank CB BFG-Credit, were sold. In April, accounts receivable were assessed from the property of SPP Arkada, the total amount amounted to just over 1 million rubles. At the end of last year, another company from Arkada, Saratov Metalworking Plant LLC, sold an unfinished house on Ust-Kurdyumskaya Street. The pile field was purchased by the Engels company Argo LLC for 1.5 million rubles.
The bankruptcy of the once successful construction holding began after the company overstrained itself on an abundance of social contracts and received a scolding from Moscow for this. Further, the followers of denials of loans and lawsuits from counterparties. At the beginning of 2020, most of the group’s companies went bankrupt.
A month earlier, in early April, they wanted to force his son Dmitry to answer for the debts of SK ZhBK-3 LLC from the bankrupt holding company of Enegels businessman Konstantin Kolesnichenko. Although the exact amount should be determined only after the debtor’s property is sold, the Federal Tax Service, as a creditor, succeeded in seizing the property of Dmitry Kolesnichenko for the entire amount of the company’s liabilities – 820 million rubles, although the claims of the tax authorities themselves amount to 20.2 million.