Our New Year 2020 began with a major victory! On our first working day, we won the case in the Supreme Court!

Once a liar, who will believe you?

The 74th aphorism from the collection of thoughts and aphorisms “Products of thought” (1854) of Kozma Prutkov.

Mendax in uno, mendax in omnibus – “He who lies in one lies in all (Latin proverb)

Lawyers of MCBA “Bureau of lawyers “De jure” have formed a new standard of proof of reasonable suspicion for taking interim measures against persons controlling the debtor.

In the framework of the bankruptcy dispute of Public Stock Company “Time-Bank“ (Case no. A40-168999/15-4(38) – 543B), the Deposit insurance Agency, whose interests are represented by MCBA “Bureau of Lawyers” De jure”, claimed to bring the controlling Debtor to subsidiary liability in the amount of more than 500 million rubles. This application was granted by the courts. Proceedings to determine the amount of liability suspended until the formation of the bankruptcy estate and settlements with creditors (Determination of the Arbitration court of Moscow from 27.12.2018).

After that the Deposit insurance Agency has appealed to court with the statement on the adoption of interim measures against the former owners of the Bank. The Plaintiff’s lawyers motivated this by the fact that the Defendants’ bad faith has already been established in the framework of a satisfied dispute on bringing them to subsidiary responsibility, which means that additional evidence of “reasonable suspicion” is not required.

The arbitration courts of three instances refused to satisfy the applicant’s claim, after which the Agency appealed to the Supreme Court of the Russian Federation.

On January 9, 2020, the Supreme Court overturned the decisions of the lower courts and issued a new decision, which granted the application for interim measures in the amount of 480 million rubles.

Thus, the Supreme judicial authority confirmed the position that the adoption of interim measures against the former owners of the Debtor is a reasonable and proportionate way of protection in the case when their responsibility for bankruptcy is confirmed.

Lawyer of MCBA “Bureau of Lawyers “De jure” V.N.Pokermyak and trainee lawyer O.Y.Tsinaridze took part in this case.

V.N.Pokermyak