Earlier the Houston federal bankruptcy court issued a restraining order prohibiting Gazpromneft and potential organizers of financing of the Yuganskneftegaz sales deal to take any actions related to acquisition of the block of shares of the Yukos main production unit.
In a court ruling on the Gazpromneft's appeal, Judge Nancy Atlas stated that "she is concerned about certain aspects of the Yukos bankruptcy case," Mr. Krylov said.
In particular, he continued, Judge Atlas expressed her concern about the fact that Yukos probably created artificial conditions to bring the case to an American court by organizing Mr. Bruce Misamore's (Yukos financial director and plaintiff) trip to the United States on December 4, 2004. In addition, a Yukos subsidiary made a deposit of $2 million in a Houston-based bank and handed the lawyers from Fullbridge & Yavorski law firm an advance payment of $5 million.
According to Judge Atlas, many arguments provided by Gazpromneft need a closer study by a bankruptcy judge.
Mr. Krylov hopes that these circumstances and Gazpromneft's complaint insisting that its activity does not fall under the jurisdiction of a U.S. court because the company does not operate in Texas will become subject of future U.S. court hearings.
On December 14, Yukos filed for Chapter 11 bankruptcy protection at a U.S. bankruptcy court (Southern District of Texas, Houston branch) in a last-ditch legal bid to halt the auction of 76.79% of its core production unit scheduled for December 19. On December 16, Judge Letitia Clark ruled in favor of Yukos and issued an injunction demanding a temporary halt of all operations with Yukos assets, including the Yuganskneftegaz sales auction.
On December 18, Gazpromneft lawyers filed an appeal in a district court against the ruling of a Houston court.
Judge Nancy Atlas reviewed the appeal on the same day. As a result of the hearings, the district court upheld the December 16 ruling of the Houston court putting a temporary restraining order on all operations with Yukos assets.
