November 16 Main results of the day

The Moscow Arbitration Court denied the creditor a reconsideration, based on newly discovered circumstances of the judicial act on the completion of the procedure for the sale of a citizen’s property in the framework of the bankruptcy case of the Principal of MCBA “Bureau of Lawyers “De jure”. The Court agreed with the legal position of the Bureau that the circumstances are not newly discovered, since they were known to the creditor at the date of consideration of the issue of completion of the procedure. During the court dispute, it was also proved that the circumstances were not new. At the same time, the court agreed with the Bureau’s argument that the law does not bind the possibility of revising a court decision in connection with the discovery of new evidence, no matter how significant they are. The interests of the Principal were represented by Viktor Pokormyak, lawyer, the head of the practice of challenging questionable transactions.

The Arbitration Court of the North Caucasian District agreed with the arguments of MCBA “Bureau of Lawyers “De jure”, canceled the previously adopted judicial acts on the case and sent the case for a new trial. The court confirmed the Bureau’s arguments about the incorrect application of the rules of procedural law and did not take into account that the Plaintiff bases his claims on the fact that he is a member of the company, and the disputed transactions, in his opinion, have signs of invalidity. The interests of the Principal were represented by Yakov Bulut, lawyer, the head of the practice of resolving economic disputes of MCBA “Bureau of Lawyers “De jure”.