The court reduced the co-owner of “Tropic” Gulyaev debt 4 times – up to 162 million rubles

It follows from the court documents that Slap Shot LLC asked to replace the ANO Mikhailov Hockey Academy (ANO AKM) in the register of creditors’ claims. The requirement arose from the agreement on opening a revolving credit line concluded by Sberbank PJSC with Tropic Company. Co-owner of the company Alexander Gulyaev there acted as a guarantor. The size of the claim was 648.65 million rubles (the main debt - 644.1 million rubles, interest - 3.99 million rubles, penalty - 523.8 thousand rubles).

As previously wrote “MK in Tula”, the rights of claim for a long time passed along the chain: from Sberbank to its subsidiary company LLC “SBK Active”, then to ANO “AKM”, and subsequently to LLC “Slap Shot”. The last assignment of claims was made on the basis of the contract of sale of property with exchange for rights of claim dated April 24, 2024 and an additional agreement to it.

For his part, Alexander Gulyaev asked to recognize the obligations under the guarantee agreement terminated, referring to the nature of the transaction, the affiliation of the parties, the termination of part of the security and the deterioration of his position.

Reduced by 4 times

The court found that the guarantee was of a joint nature. The guarantors included several organizations of the group and Alexander Gulyaev himself. Taking into account the termination of guarantees for guarantors (including Slap Shot LLC itself), the court determined the share to be included in the register as 1/4 of the total amount - 162.16 million rubles (the main debt - 161 million rubles, interest - 998.8 thousand rubles, penalty - 130.9 thousand rubles).

The application of Alexander Gulyaev to exclude the claims was rejected by the court. Arguments about the pretense of the transaction, the hidden contract of coverage and a significant deterioration in the position of the guarantor due to the refusal of part of the security, the court declared insolvent. The contract of purchase and sale of property "Tropic" with exchange for claims has previously been the subject of dispute, and the courts of all instances, including the Supreme Court of the Russian Federation, upheld it. The court also pointed to the inconsistent behavior of the debtor (estoppel elements) and the lack of evidence that at the conclusion of the guarantee Alexander Gulyaev could reasonably expect compensation from other security.

In the order of procedural succession, the creditor of the B.P. Mikhailov Hockey Academy was eventually replaced by Slap Shot LLC in the amount of 162.16 million rubles. The financial manager is ordered to make appropriate changes to the register. The application of the debtor to exclude the claim was left without satisfaction. This determination shall be immediately enforceable and may be appealed to the Twentieth Arbitration Court of Appeal within one month.

In itself, the fact of reducing the requirements for Alexander Gulyaev from the main creditor is almost 4 times more than interesting. It is curious how the processes of the most famous bankruptcies in the Tula region will go further. Will it not turn out that to collect on the loan of Sberbank will simply have nothing and no one? There are grounds for such hypotheses.

Reducing subordination

We will remind, the editors of "MK in Tula" has repeatedly covered the resonant theme of the bankruptcy of LLC "Company Tropic", which previously owned the eponymous ice arena in Tula, now transferred to the hockey club AKM, as well as the bankruptcy process of its owner, Alexander Gulyaev.

More recently, the Court of Appeal of the Tula Region and the Court of Cassation in Kaluga have partially changed the ruling of the court of first instance against the Tropic Company LLC. According to the court decision, the claim of Slap Shot LLC in the amount of 648.6 million rubles was recognized as justified. However, his turn (subordination) was reduced.

Such a requirement is satisfied only after the claims of independent creditors are satisfied, but before the liquidation quota (before what the participants of the debtor receive). In other words, Slap Shot LLC will not compete on a par with independent creditors (FTS, LeaderPak Hran LLC, Black C Logistic LLC, etc.).

So the owners of Slap Shot LLC in the person of Vladimir Gulyaev, Rudolf Osipov, Vladimir Lebedev are unlikely to receive anything at all during the bankruptcy of Tropic Company LLC and the sale of the remaining property.

MK in Tula is monitoring developments.