April 21 Main results of the day

The Moscow City Court upheld the decision of the Khoroshevsky District Court of Moscow, which refused to satisfy claims for the division of jointly acquired property previously sold to the Principal at auction in the framework of the bankruptcy case of one of the spouses. Lawyers of the Bureau managed to prove the groundlessness of the stated claims, since the status of the pledged property in the bankruptcy case does not allow for the division of property in kind due to the priority of the secured creditor in the bankruptcy case. A feature of the case was the presentation by one of the parties of the marriage contract, in which there was no information about the disputed property, but given the wording of the contract, it was possible to prove to the court that the absence of an indication of the disputed property does not affect the determination of the regime of separate property of the spouses. Disagreeing with the decision, the Plaintiff filed an appeal. But the Principal provided a counterargument – within the framework of the arbitration case, the Plaintiff was also denied invalidation of the auction of property that the Plaintiff wanted to divide. As a result, the Moscow City Court agreed that there were no grounds for reviewing the decision and refused to satisfy the complaint. The interests of the Principal were represented by Daria Ivanova, Senior Lawyer of the Bankruptcy Dispute Resolution Practice.