December 4 Main results of the day

The Moscow Arbitration Court refused to satisfy the representative of the participants of a company declared bankrupt in an application to review the court decision, which collected the promissory note debt secured by the Aval in favor of the Principal. According to the representative, the Principal, as a guarantor, could not pass the recourse claim against the drawer, since, due to his financial insolvency, he could not fulfill the monetary obligation, and the bank statements presented by the Principal in court to confirm the fact of the transfer of funds were technical wiring. During the trial, lawyers from the Bureau of Lawyers “De jure” managed to convince the court that the circumstances indicated by the applicant were not new to the court and had been known to his representative for a long time. Thanks to successful actions, the Principal retained his right to claim against the debtor in the RTC in the amount of 365 million rubles, not allowing the applicant to overcome the validity of the entered judicial acts. The interests of the Principal were represented by Sergey Bibikov, Senior lawyer of the Bureau of Lawyers “De jure”.

The Ninth Arbitration Court of Appeal overturned the ruling on invalidation of the transaction with the Principal. At the second round of consideration of the dispute, the lawyers of the Bureau of Lawyers “De jure” managed to convince the appellate court of the validity of the compensation for the transfer of expensive luxury real estate in the very center of Moscow into the ownership of the creditor. Bureau employees proved the groundlessness of all the evidence presented by the applicant and refuted the conclusions of experts who determined the market value of the real estate at the time of the conclusion of the disputed compensation. Based on the results of the work carried out, the Principal retained a highly liquid asset in its value, which will allow him to restore his property rights. The interests of the Principal were represented by Nikolay Polusitov and Alexandra Reznichenko, senior lawyers of the Bureau of Lawyers “De jure”.