The court stated that the Bank had not complied with the norms of the bankruptcy law requiring advance notice to the debtor and its creditors about intention to address in court with the statement for bankruptcy.
MOSCOW, 20 Oct. The arbitration court of St. Petersburg and the Leningrad region refused to accept to manufacture the statement of Sberbank of bankruptcy of airline “Transaero”, filed in the court on 16 October, follows from published on Tuesday, the court’s determination.
As noted in the court’s order, the Bank had not complied with the norms of the bankruptcy law requiring advance notice to the debtor and its creditors about intention to address in court with the statement for bankruptcy. Such notification credit organizations shall publish in the Federal register of information on facts of activity of legal entities not less than 15 days before applying to the court.
“As the circulation of credit organizations and attached messages, the notification of the creditor of intention to apply for recognition of Transaero’s bankruptcy published 2 October 2015 and, thus, as of October 16, 2015 JSC “Sberbank of Russia” was not made a condition of preliminary, not less than 15 calendar days before the arbitration, the notice to the debtor and other interested parties on the legally relevant fact”, — is spoken in court definition.
Thus, the court explained, at the time of submission to arbitration of a credit institution has no right to submit the application on bankruptcy of “Transaero”, the court therefore cannot accept it. As noted in definition of court, in support of the requirements of the savings Bank referred to the lengthy, more than three months, the non-debtor’s monetary obligations under the credit line agreement dated 23 January 2014 in the amount of 442 million rubles, including the penalty — more than 40 million rubles.
Currently the arbitration court of St.-Petersburg and Leningrad region registered two more statements of the savings Bank with the requirement to begin procedure of bankruptcy of the air carrier. They went to arbitration on October 19, and the court has not yet reviewed. The same statement on 19 October, was filed by Alfa-Bank.
Transaero airlines has been unable to service debts, which form together with the leasing obligations of about 250 billion rubles. Approved in September the government plan for the transfer of 75% of actions “Transaero” state “Aeroflot” for the subsequent rehabilitation took off. The creditors are considering the option of bankruptcy of the airline, selling tickets for the flights are stopped. Its passengers are transported by other airlines, mainly included in the group “Aeroflot”.