July 27 Five wins in one day

The Ninth Arbitration Court of Appeal, within the framework of the Bank’s bankruptcy procedure, left unchanged the ruling of the arbitration court of the first instance, by which the Bank’s shareholder was denied satisfaction of his application, the result of which would have been the receipt by the shareholder of a counter-execution of the Bank’s property totaling more than 5.5 billion rubles. In the court of appeal, our lawyers managed to defend this position, to prove the applicant’s goal of receiving more than 5.5 billion rubles unreasonably, as well as the fact that the bank had and still has enough money to independently make settlements with all creditors. In addition, it was possible to uphold the judicial act of the first instance on the refusal of this shareholder to satisfy his complaint against the actions (inaction) of the bankruptcy trustee of the Bank – the Bureau’s Client on a similar subject of dispute. Viktor Pokormyak, lawyer, Head of the practice of contesting dubious transactions of the Bureau of Lawyers “De jure”, participated in the formation of the position and the preparation of documents. The Client’s interests in the Court of Appeal were represented by Nikita Filippov, lawyer, Head of the Bureau of Lawyers “De jure”.

The Arbitration Court of the Moscow District refused to satisfy the cassation appeal of the procedural opponents of the Bureau against the judicial acts of the courts of the first and appellate instances, which denied the satisfaction of claims for the recovery of debt in the amount of more than 470 million rubles under loan agreements, concluded between the company and a foreign legal entity, whose interests were represented by Semyon Garayan, lawyer of the Bureau of Lawyers “De jure”. During the consideration of the dispute in the court of cassation instance, the procedural position was successfully substantiated, which refuted the arguments of the opponents about the receipt of funds by the Principal under the loan agreement. The Plaintiff in the court of first instance submitted debit-receipt notifications to the case materials, however, the courts agreed with the position that these notifications are not confirmation of the settlement transaction, given the nature of foreign economic activity. Moreover, the lawyers of the Bureau of Lawyers “De jure” managed to convince the court that there were signs of abuse of law in the actions of opponents, which, together with other evidence in the case, served as the basis for refusing to satisfy the stated requirements. The interests of the Principal were represented by Semyon Garayan, lawyer of the Bureau of Lawyers “De jure”.

The Moscow Arbitration Court fully satisfied the claim of the Principal of the Bureau of Lawyers “De jure”, recovering from the debtor more than 83 million rubles of debt for payment of the delivered goods and the provided commercial loan. Despite numerous attempts by our procedural opponent to delay the dispute, the lawyers of the Bureau achieved consideration of the case on the merits and proved the inconsistency of numerous petitions of the Defendant aimed at abuse of law. Among other things, the lawyers of the Bureau managed to convince the other party to drop their claim against our Principal, the chances of satisfying which fell to zero after we disclosed the totality of evidence collected. The interests of the Principal were represented by Yakov Bulut, lawyer of the Bureau of Lawyers “De jure”.

The Krasnogorsk City Court took the side of the Client of the Bureau of Lawyers “De jure” in a dispute over the recovery of unjust enrichment in the amount of more than 500 thousand rubles. Being in a trusting relationship with each other, the parties to the transaction for the transfer of funds, unfortunately, did not pay due attention to its legal consolidation, which greatly complicated its execution when the counterparty refused to repay the debt. Nevertheless, having collected the necessary amount of evidence of the transfer of funds and correctly formulated the subject of the claims, the lawyers of the Bureau successfully achieved the recovery in favor of the creditor of the entire amount of the debt and interest for the period of using the funds. The interests of the Client were represented by Yakov Prisyazhnyuk, Head of the practice of resolving economic disputes of the Bureau of Lawyers “De jure”.

The Arbitration Court of the Moscow Region refused to satisfy the procedural opponent of the Client of the Bureau of Lawyers “De jure” in satisfaction of the application for awarding a court penalty for violation of the deadline for the execution of the decision to remove obstacles to the use of the land plot. The Client’s interests were represented by Alexander Uchaykin, senior lawyer of the Practice of resolving Economic Disputes of the Bureau of Lawyers “De jure”.