August 1 Main results of the day

In the framework of a bankruptcy dispute (the Arbitration Court of the Samara region) on invalidation of payments in the amount of more than 422 million rubles made to the Principal, the lawyers of the Bureau of Lawyers “De jure” managed to convince the Court and the Plaintiff in the need to clarify the requirements and exclude the Principal from the number of Defendants in property requirements. Taking into account the indisputable arguments of the Principal’s lawyers, the petition for clarification of the stated requirements was prepared by the Plaintiff’s representative directly at the court session. Thus, the bankruptcy trustee, challenging the transfers, actually waived all property claims against the Principal in the amount of more than 422 million rubles. The interests of the Principal were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”.

The Ninth Arbitration Court of Appeal changed the decision of the Moscow Arbitration Court in favor of the Principal of the Bureau of Lawyers “De jure” and included in the register of creditors’ claims of the debtor the requirements of the Principal for the collection of debt under the agreement in full, taking into account penalties accrued from the date of termination of the agreement to the date the debtor was declared bankrupt. The Court of Appeal agreed with the position of the representative of the Bureau that the requirements for the establishment of a penalty are considered in a bankruptcy case by analogy with the claim proceedings with the procedural features that took place. The presented debt calculation was recognized by the court as arithmetically correct. The accrued penalty in the amount of 4 million rubles is included in the debtor’s the register of creditors’ claims. And in total, the amount of rights for 8.5 million rubles is included in the register of creditors’ claims. The interests of the Principal in this case were represented by Sergey Bibikov, senior lawyer of the Bureau of Lawyers “De jure”.

The Izmailovsky District Court of Moscow City, upon reconsideration of the case, canceled the decision of the Moscow Administrative Road Inspection on the imposition of a fine in the amount of 300 thousand rubles for violation of parking rules. Lawyers of the Bureau of Lawyers “De jure” managed to defend the position that there are no grounds for bringing the Client to administrative responsibility in connection with the violation by the regulatory authority of the requirements for the registration of materials on an administrative offense.  The Client’s interests were protected by Yakov Bulut, lawyer of the Bureau of Lawyers “De jure”, and Alexander Uchaykin, senior lawyer of the Economic Dispute Resolution Practice.

The Ninth Arbitration Court of Appeal issued a ruling by which the appeal of our procedural opponent was left without satisfaction, the decision of the court of first instance rendered in favor of the Principal – unchanged. At the court hearing in the appellate instance, it was possible to prove the inconsistency of the arguments of the applicant of the complaint that he did not approve the transaction for the supply of goods and that the transaction was made by a person without proper authority. The Bureau of Lawyers “De jure” has done a lot of work to collect evidence to refute these arguments. Also, during the meeting, it was possible to prove that the provisions of the Government Decree on a moratorium on penalties and other financial sanctions in the period from April 1 to October 1, 2022 cannot be applied to this case. The interests of the Principal were represented by Irina Novikova, senior lawyer of the Bureau of Lawyers “De jure”.