January 23 Main results of the day

The Arbitration Court of the Stavropol Territory, within the framework of the bankruptcy case, satisfied three applications of the Principal for the recovery of court costs from creditors, two of which had previously been denied inclusion of their claims in the register of claims of the debtor’s creditors, and the claims of the third were subordinated. Thus, in addition to the positive financial effect of not including fictitious claims in the register of creditors or lowering their priority, the Principal will receive compensation for the costs of legal services, and fictitious creditors will suffer losses. At the same time, the amount of legal costs recovered from one of the creditors is more than 300,000 rubles, which will allow, in case of non-execution of the judicial act within three months, to recognize him as insolvent (bankrupt). The interests of the Principal were represented by Roman Volkomorov, lawyer of the Tyumen branch of the Bureau of Lawyers “De jure”.

The Naro-Fominsk City Court of the Moscow region refused the bankruptcy creditor of the debtor-citizen to restore the deadline for filing a private complaint against the court ruling. This court decision eliminates the risk of excluding the Principal’s claims from the register of creditors’ claims in the amount of more than 15 million rubles. Earlier, the city court, within the framework of this dispute, recognized the petition of the Principal for the restoration of the deadline for filing a writ of execution on the grounds that the writ of execution was not presented to the bailiffs, since the Principal reasonably believed that the debt had been repaid by the debtor. When considering the application of the bankruptcy creditor, lawyers of the Bureau of Lawyers “De jure” managed to convince the court that the bankruptcy creditor had the opportunity to file a private complaint to the court a year ago – from the moment when the Principal’s claims were included in the register of the debtor’s claims. However, the bankruptcy trustee did not take such reasonable measures, and, therefore, there are no grounds for restoring the term. The Principal’s interests in this dispute were represented by Sergey Bibikov, senior lawyer of the Bureau of Lawyers “De jure”.

The Principal recovered from the Defendant a debt under a lease agreement in the amount of more than 3 million rubles, as well as a penalty in the amount of approximately 1 thousand rubles per day on the date of actual payment of the debt. The Moscow Arbitration Court satisfied the requirements of the Principal, agreeing with the legal position of lawyers of the Bureau of Lawyers “De jure” on the falsification of evidence presented by opponents and the need to exclude them from the case materials without appointing a forensic examination, which did not significantly reduce the amount recovered. The interests of the Principal were represented by Dan Khorolets, lawyer of the practice of resolving economic disputes at the Bureau of Lawyers “De jure”.