Voluntary liquidation? Pay off your debt first!

The company approached the law firm with the task of collecting debts from three unscrupulous counterparties in the total amount of about one and a half million rubles. During the work on the project, the company’s lawyers found out that two of the three debtors have already been liquidated by joining the third. Moreover, the remaining debtor also made a decision on voluntary liquidation, information about the beginning of the registration procedure has already been entered into the Unified State Register of Legal Entities and published a corresponding message in the State Registration Bulletin.

Not wishing to fulfill contractual obligations, the head of the unscrupulous organization did not send any notifications to the company’s client and at the time of the client’s contact with Rezolut, there were only a few days left before the end of the statutory minimum two-month period.

Having responded in a timely manner, the partner of the company Vasily Dryga applied to the arbitration court with a statement of claim to recover from the remaining organization the total amount of debt for three counterparties. In addition, Vasily submitted an application for securing the claim to the Arbitration Court of the Sverdlovsk Region.

As a result, the court agreed with the arguments of the lawyer and the next day after the appeal by the decision of the Arbitration Court of the Sverdlovsk Region, the tax authority – IFTS for the Verkh-Isetsky District of Yekaterinburg is prohibited from entering into the information contained in the Unified State Register of Legal Entities a record of the liquidation of a legal entity – the company’s debtor. Thus, until the dispute is considered by an arbitration court, an unscrupulous debtor will not be able to liquidate, leaving the claims of a large creditor – Rezolut’s client outside the liquidation balance sheet.