March 1 Main results of the day

The Ninth Arbitration Court of Appeal left unchanged the procedure for the sale of the debtor’s collateral, approved by the Moscow Arbitration Court in the wording of the collateral creditor in the bankruptcy case. As a result of the successful actions of the lawyers of the Bureau of Lawyers “De jure”, the collateral creditor accelerated the process of selling real estate at auction, and also got the opportunity to sell the pledged property at an open auction at its maximum market value. According to the appraiser’s report, the value of real estate in the center of Sochi amounted to 74 million rubles. The concerted actions of the debtor and his wife aimed at obstructing and delaying the procedure for the sale of property, its withdrawal from the bankruptcy estate through the conclusion of a marriage agreement, were recognized by the court as unfair. As a result, the court refused to satisfy the petitions of the debtor and his spouse to suspend the debtor’s sale procedure until the dispute on the allocation of the marital share is resolved in a court of general jurisdiction. The interests of the collateral creditor were represented by Sergey Bibikov, senior lawyer of the Bureau of Lawyers “De jure”.

The Arbitration Court of the Moscow Region satisfied the claim of the Principal and recovered from the Defendant the amount of the unearned advance payment and interest for the use of other people’s funds in the amount of 2.1 million rubles. During the consideration of the dispute in court, it was proved that the defendant did not complete the work in full, and therefore there are legal grounds for satisfying the claims. The interests of the Principal were represented by Semyon Garayan, lawyer of the Bureau of Lawyers “De jure”.