December 13 Main results of the day

The Ninth Arbitration Court of Appeal upheld the decision of the court of first instance on the claim of the Client of MCBA “Bureau of Lawyers “De jure” on the recovery of interest and penalties in the amount of 25 million on the loan from the borrower from 2020 to the date of actual execution. The arguments of the borrower’s complaint about the non-application by the court of 333 of the Civil Code of the Russian Federation with reference to the disproportionality of the penalty and the pandemic were not confirmed. The total amount of debt under the earlier court decision against this borrower amounted to 105 million. The Client was represented by Sergey Bibikov, senior lawyer of MCBA “Bureau of Lawyers “De jure”.

The Ninth Arbitration Court of Appeal upheld the decision of the Moscow Arbitration Court, which had previously refused to satisfy the claim of a procedural opponent for recognition of ownership of real estate distributed after the liquidation of the debtor. Earlier, the lawyers of MCBA “Bureau of Lawyers “De jure”, on behalf of the client, challenged the transaction for the sale of property to the debtor and the transfer of this property to the authorized capital of the liquidated company. In the framework of this case, the Bureau was able to provide sufficient evidence that the debtor is thus trying to deprive the bank of real estate by means of a fraudulent scheme. The interests of the bank were represented by Vladimir Leonov, senior lawyer of MCBA “Bureau of Lawyers “De jure”.