July 10 Main results of the day

The Moscow City Court partially satisfied the claims of the opponents of the Principal of the Bureau and recovered 5.9 million rubles out of the claimed 33 million rubles. The dispute was the result of the theft of the Plaintiff’s funds from an individual safe deposit box. Representing the interests of the Principal in this dispute in the court of appeal, Nikita Filippov, Head of the Bureau, and Rashid Gitinov, Head of the practice, were able to refute the Plaintiff’s arguments that there were more than 27 million rubles in the cell, justifying this by the fact that the evidence presented by the Plaintiff in support of this amount is not relevant and permissible.

The Arbitration Court of the city of Moscow in the framework of the bankruptcy case refused the bankruptcy trustee to invalidate the transaction concluded between the debtor and the Principal. The bankruptcy trustee filed an application for invalidation of the sale of the yacht by the debtor to the Principal four months before the bankruptcy procedure was introduced, referring to its sale at a reduced price to an affiliated person. To the application for invalidation of the transaction, the bankruptcy trustee submitted a report on the evaluation of the yacht, according to which its value was higher by 3 million rubles than under the contract, i.e. almost one and a half times. Lawyers of the Bureau stated that the conclusions of the assessment did not comply with the requirements of the legislation, since the year of issue of the analogue object of assessment did not correspond to the year of issue of the subject of the dispute. Two more forensic examinations were appointed, the results of which also showed that the value of the subject of the transaction is higher than the value under the contract. These results were also disputed, since they did not contain the cost of the object, but the depreciation of the analog object. As a result, despite the negative conclusions of three experts, the lawyers of the Bureau managed to convince the court that there were no grounds for declaring the transaction invalid. The interests of the Principal were represented by Darya Ivanova, Senior Lawyer of the Bankruptcy Dispute Resolution Practice of the Bureau of Lawyers “De jure”.