December 23 Main results of the day

The Principal contacted us regarding the issue of challenging the resolution on the calculation of alimony arrears. The bailiff unlawfully deducted from the calculation of the debt the debtor’s expenses related to business activities, which were not confirmed by payment documents:

The Debtor, a payer of alimony, claimed large business expenses, providing only contracts, acts, and income and expense books for individual entrepreneurs, arguing that the Accounting Law does not require expenses to be confirmed with payment documents.

The situation was aggravated by the fact that earlier the court in another case satisfied similar arguments of the debtor, obliging the bailiff to take into account expenses on the books of income and expenses of an individual entrepreneur.

During a lengthy court case, we were able to prove that payment documents are essential to confirm the actuality of expenses. We analyzed the debtor’s transactions with counterparties and established the fictitious nature of some transactions, including the fact that some counterparties were declared inactive at the time of the transactions.

The court satisfied our demands in full, declared the ruling illegal and ordered the bailiff to make requests to banks for the debtor’s account statements in order to verify the amount of his actual expenses related to business activities.

The Client’s interests were represented by Daria Nagornaya, senior lawyer in the inheritance and family disputes practice at the “Bureau of lawyers “De jure”.