The Arbitration Court of the West Siberian District dismissed the cassation appeal of the owner of the „New Stream” Dmitry Mazurov, in which he asked to cancel the decisions of lower courts on transactions with the Antipinsky Oil Refinery, according to the files of arbitration cases.

According to the materials, the bankruptcy trustee of the refinery asked the Arbitration Court of the Tyumen Region to invalidate the transactions for the transfer of funds in favor of Mazurov in the total amount of 69.2 million rubles and, as a result, to recover this amount from the defendant to the bankruptcy estate of the debtor. The manager informed that the indicated payments were made in favor of the person concerned if the debtor had signs of insolvency in order to cause harm to creditors.

The court partially satisfied the claim, invalidating the transactions for a total of 34.8 million rubles and recovering them from Mazurov to the bankruptcy estate of the plant. The Court of Appeal upheld this decision.

Mazurov, in his complaint, stated that the disputed payments were proportional to his contribution to the development of the plant, and the refinery at the time of the transactions did not have signs of insolvency.

The court also decided that on the date of making the disputed payments, the plant had unfulfilled obligations to creditors, and the volume of obligations assumed by the debtor was not ensured by the possibility of their execution. „Receiving funds from the debtor, the defendant could not help but realize the negative consequences of such actions for the plant,” the court’s decision says.

The Antipinsky Oil Refinery, formerly part of Mazurov’s New Stream group, began to experience problems at the end of 2018: oil supplies were limited due to a lack of working capital, which was eventually provided by Sberbank, New Stream’s largest creditor.

In September 2019, at the request of SBK LLC (a structure of Sberbank), the Arbitration Court of the Tyumen Region introduced a monitoring procedure for the enterprise, and at the end of December 2019 declared it bankrupt.