February 10 Main results of the day

The Arbitration Court of the Stavropol Territory refused the company, a friendly debtor, to include its claims in the amount of 10.9 million rubles to the register of claims of the debtor’s creditors and subordinated the claim in the amount of more than 17 million rubles of the person who controls the debtor. This made it possible for our Client to remove interim measures prohibiting the holding of the first meeting of the debtor’s creditors and determine the decisions of such a meeting. The debtor, trying to take control of his bankruptcy procedure, did not resist the creditor’s demand of a friendly creditor, supported the unreasonable request of this creditor to postpone the court session and presented new evidence. However, the Bureau of Lawyers “De jure” managed to prove the affiliation and the true goals of the creditor and the debtor, which do not protect the violated right, but are an abuse of the right. As a result, the petition was dismissed, the new evidence presented by the debtor was depreciated, including with reference to objective evidence already available in the case. The interests of the client of the Bureau of Lawyers “De jure” were represented by Roman Volkomorov, lawyer of the Bureau’s Tyumen branch.

The Ninth Arbitration Court of Appeal reversed the illegal decision of the Moscow Arbitration Court and declared illegal the fine in the amount of 27 million rubles imposed on the Principal of MCBA “Bureau of Lawyers “De jure”. Within the framework of this dispute, the State Real Estate Inspectorate brought the Principal to administrative responsibility under Part 1.2 of Article 6.7 of the Code of Administrative Offences of the Russian Federation (violation of requirements and restrictions on the use of land related to construction, reconstruction of buildings and structures on it). But in the court of appeal, the lawyers of the Bureau managed to prove that the norms of the law, which formed the basis for the decision to prosecute, are not applicable to the relationship in question, since they were introduced later than the fact of the Principal’s actions (the construction of a non-capital extension), which served as the basis for bringing to administrative responsibility. The interests of the client of MCBA “Bureau of Lawyers “De jure” were represented by Ilsur Zakirov, senior lawyer of the practice of dispute resolution with government agencies.