December 23 Main results of the day

The Moscow Arbitration Court satisfied the application of the bankruptcy creditor to review the court ruling on the completion of the bankruptcy proceedings against the debtor and the resumption of the bankruptcy proceedings. An active participation in this court session was taken by the creditor – the Bank, which is a client of the Bureau of Lawyers “De Jure”. Based on the presented position, the Bank managed to convince the arbitration court of the need to resume bankruptcy proceedings, since creditors have no other way to protect their rights. At the same time, the debtor himself will soon receive funds and property rights in the amount of at least 2.6 billion rubles, which should subsequently be distributed among creditors.

The Arbitration Court of the North Caucasus District, having considered the cassation complaint of the debtor of the Client of the Bureau of Lawyers “De jure”, refused to satisfy it, confirming the legality of declaring the debtor bankrupt at the request of the Client of the Bureau. Earlier, the lawyers of the Bureau achieved the recovery in favor of our Client of more than 27 million rubles of arrears for the delivered goods and the commercial loan provided. Due to the fact that the debtor did not make payment within the framework of enforcement proceedings, a monitoring procedure within the framework of bankruptcy was introduced against him on our application. The debtor, trying to mislead the court, declared that he had sufficient assets to pay off the debt, but did not pay it, as he was trying to challenge transactions with the Client. As a result of the dispute, the lawyers of the Bureau managed to prove to the court that the debtor’s arguments were not only unfounded, but also illegal in nature, and therefore the judicial acts on the introduction of bankruptcy proceedings against the debtor were left unchanged. The interests of the Client of the Bureau were represented by Yakov Bulut, lawyer, head of the practice of resolving economic disputes.

The Tverskoy District Court of Moscow refused to satisfy the applicant’s claims to recognize the actions of the Notary as illegal. As part of this dispute, the Notary accepted funds from the debtor’s bankruptcy creditor on his deposit to pay off the Debtor’s claims against the applicant in the framework of the bankruptcy case. The Court agreed with the legal position of the Bureau of Lawyers “De jure” that when accepting funds for deposit, the Notary is based on the arguments of the creditor’s application and does not conduct a legal examination of material legal relations, including does not study the bankrupt grounds of the existing dispute between the debtor’s creditors. During the trial, it was established that there were no violations on the part of the Notary, and it was also established that the dispute about challenging the notarial act was based on a conflict between two bankruptcy creditors of the debtor, the assessment of which is carried out within the framework of another dispute. The interests of the Notary were represented by Sergei Bibikov, senior lawyer of MCBA “Bureau of Lawyers “De jure”.

The Arbitration Court of the Moscow District upheld the judicial acts on the refusal to satisfy the collective claim against the Client of the Bureau on the recognition of supply contracts with him as not concluded. Earlier, in favor of our Client, within the framework of 13 cases, debts were collected from his buyers who did not fully pay for the oil products they received, as well as overdue interest payments for granting them a commercial loan (payment with a paid delay). The debtors, unwilling to comply with the decisions of the courts, united and filed a collective claim against our Client, in which they asked to recognize certain terms of supply contracts as not concluded due to the fact that they allegedly did not know about such conditions when signing the contracts. The courts of the first and appellate instance found our Client’s position more convincing and refused to satisfy their claim. The court of cassation, having listened to the arguments of our Client, also refused to satisfy the debtors’ complaint. The Client’s interests were represented by Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, and Yakov Bulut, lawyer, Head of the practice of resolving economic disputes.

The Arbitration Court of the Moscow Region refused to satisfy the claim of the federal state institution for the recovery of 7 million rubles as unjust enrichment from the Client of the Bureau of Lawyers “De jure”. The court agreed that the recovery of unjustified enrichment for the installation of advertising structures in the right-of-way of the highway without the consent of the institution is an inappropriate way to protect the rights of the owner of the land plot. In part, this changes the judicial practice previously formed by the institution, which led to double collection of fees from the advertising distributor – in favor of the local government, on the one hand, and in favor of the institution, on the other. The Client’s interests were represented by Alexander Uchaykin, senior lawyer of the practice of resolving economic disputes at MCBA “Bureau of Lawyers “De jure”.