February 6 Main results of the day

The Tverskoy District Court of Moscow recovered from a foreign citizen in favor of the Bureau’s Principal 49.8 million rubles of the principal debt and 23.5 million rubles of interest accrued both under the contract and in accordance with Articles 811 and 395 of the Civil Code of the Russian Federation (actually “double interest”), with further accrual of interest on the date of actual repayment of the debt amount.

The interests of the Principal in court were represented by Rashid Gitinov, Head of the dispute resolution practice with government bodies.

The Moscow Arbitration Court satisfied the Principal’s claim and recovered in his favor not only the debt of more than 50 million rubles, but also interest on the actual date of repayment of the debt, and also foreclosed on the collateral.

The consideration of the case was complicated by the presence of an agreement to terminate the pledge contract, which could lead to extremely negative consequences for the Principal. Also, the debtor himself in every possible way prevented the timely consideration of the case, the proceedings were suspended, but this did not prevent the court from making a satisfactory decision, which, of course, was facilitated by the professionalism of M.M. Nikolaenko, Head of the practice of the MCBA “Bureau of Lawyers “De jure”. She managed to prove the debtor’s dishonest behavior and challenge the agreement to terminate the pledge agreement, due to which all the opponent’s stated petitions were denied and the fulfillment of the obligations was ultimately secured by the pledge.

The Moscow Arbitration Court refused to satisfy the application of the bankruptcy trustee of the debtor, in which he asked to recognize the Acts of completed works concluded between the debtor and the Principal of the Bureau, in accordance with which the parties approved the fact of construction work, as invalid transactions. The bankruptcy trustee, by challenging these transactions, tried to cancel the court’s ruling to include the Principal’s claims in the amount of 150 million rubles in the register of the debtor’s creditors’ claims.

Viktor Pokormyak, Lawyer, member of the Bureau Presidium, and Alexandra Reznichenko, lawyer of the bankruptcy dispute resolution practice, drew the court’s attention to the procedural and legal errors of the bankruptcy trustee and defended the interests of the Principal as a legal creditor whose claims were included in the register of the debtor’s claims.