May 19 Main results of the day

The Arbitration Court of the Moscow District refused to satisfy the cassation appeal of the procedural opponent of the Bureau of Lawyers “De jure” as part of the consideration of the claim for the obligation to eliminate violations: to restore access to non-residential premises. In the court of first instance, the Bureau of Lawyers “De jure” managed to reach a peaceful settlement of the dispute, and a settlement agreement was approved in the case. Subsequently, a third party filed a cassation complaint, in which he pointed out a violation of the Bankruptcy Law, as well as the impossibility of concluding a settlement agreement. When considering the cassation appeal, it was possible to prove that the interests of creditors are not violated, the debtor’s bankruptcy estate is not reduced, and the interests of a third party are not violated by the approved settlement agreement. The interests of the Principal were represented by Marina Nikolaenko, Head of the practice of the Bureau of Lawyers “De jure”.

The Moscow City Arbitration Court granted the petition of the debtor (the Principal of the Bureau of Lawyers “De jure”) to leave the Creditor’s application for inclusion of the debt in the register of creditors’ claims of the Debtor without consideration. The basis for the stated petition was the creditor’s repeated failure to appear at the court session to consider his claims. Thus, the budget of the bankruptcy estate was preserved by at least 3 million rubles. The interests of the Principal were represented by Andrey Khokhlov, Senior Lawyer of the Bankruptcy Dispute Resolution Practice of the Bureau of Lawyers “De jure”.

Having considered the dispute between the Department of City Property of Moscow and the Principal of the Bureau of Lawyers “De jure”, the Moscow City Arbitration Court agreed with the legal position of the Bureau on the absence of legal grounds for the recovery of a full debt in the amount of more than 850 thousand rubles and refused to satisfy the claim of the Department regarding the collection of rent in full. The court granted the Department’s claim for the recovery of a penalty in the amount of 8 thousand rubles out of the declared 383 thousand rubles, which fully meets the interests of the Principal. The interests of the Principal were represented by Ilsur Zakirov, Senior Lawyer of the practice of resolving disputes with state bodies of the Bureau of Lawyers “De jure”.