January 26 Main results of the day

The Ninth Arbitration Court of Appeal, within the framework of the bankruptcy procedure of the Debtor – Client of the Bureau, left unchanged the ruling of the Moscow Arbitration Court, which denied the Client’s creditor a review of the judicial act on the completion of the Client’s bankruptcy procedure due to newly discovered circumstances. Our lawyers managed to prove that the applicant missed the deadline for applying to the court with an application for review of the judicial act, and also disclosed the fact of dishonesty of the party’s behavior when submitting this application. The interests of the client of the Bureau of Lawyers “De jure” were represented by Pokormyak Viktor Nikolaevich, lawyer, the  head of the practice of contesting dubious transactions.

A client of MCBA “Bureau of Lawyers “De jure” demanded that the gas company disconnect his building from the gas supply network due to unfavorable tariff conditions for heating the building (compared to heating by means of electricity). The gas company, in turn, first demanded compensation in the amount of 2 million rubles for the losses allegedly incurred in connection with this. Lawyers of MCBA “Bureau of Lawyers “De jure” prepared and filed a claim with the Moscow Arbitration Court in the interests of the Client on the obligation of the gas company to disconnect the building from the gas pipeline networks, as well as on the collection of a penalty from the gas company for each day of non-execution of the court decision in case of satisfaction of the claim. After the appointment of a court session to consider our claim, the gas company renounced its claims and voluntarily disconnected our Client’s building from the gas supply networks. Thus, the goal of the Client of MCBA “Bureau of Lawyers “De jure” was achieved even before the consideration of the claim, which significantly reduced the costs of this case. The interests of the client of the Bureau of Lawyers “De jure” were represented by Yakov Bulut, lawyer, the head of the practice of resolving economic disputes.

The Tenth Arbitration Court of Appeal overturned the ruling of the court of first instance on leaving without consideration the claim of the Principal of the Bureau of Lawyers “De jure” to recover from the debtor the state fee for filing an application for declaring the debtor bankrupt. The Court of Appeal considered the Principal’s claim, recognized the costs of paying the state fee as current expenses and terminated the proceedings with reference to paragraph 1 of Part 1 of Article 150 of the Arbitration Procedural Code and paragraph 39 of the Resolution of the Plenum of the Supreme Arbitration Court № 29 of 15.12.2004. Thus, the Principal’s complaint was satisfied in full, the costs of paying the state fee were recognized as recoverable out of turn at the expense of the bankruptcy estate of the bankrupt debtor. The interests of the Principal were represented by Sergey Bibikov, senior lawyers of MCBA “Bureau of Lawyers “De jure”.