November 16 Main results of the day

The Supreme Court of the Russian Federation confirmed the validity of the legal position of the lawyers of the Bureau of Lawyers “De jure” and refused the procedural opponents of the Bureau to consider their complaint in the court session of the Supreme Court. Within the framework of this dispute, the Defendant, whose interests were represented by lawyers of the Bureau of Lawyers “De jure”, managed to prove that the Plaintiff is not a person entitled to file an application for bringing the Defendant to subsidiary liability, and the claim itself should be left without consideration. The Supreme Court agreed that the Plaintiff’s claims, confirmed by the judicial act that had entered into legal force, are not current and therefore the Plaintiff he is not entitled to declare about bringing of the Respondent to subsidiary liability.  Consequently, the Plaintiff’s claim to recover debts in the amount of 3.635 million rubles from the Defendant is not justified. The interests of the Defendant were represented by Viktor Pokormyak, lawyer of the Bureau of Lawyers “De jure”, and Alexandra Reznichenko, senior lawyer.

The Ninth Arbitration Court of Appeal changed the ruling of the Moscow Arbitration Court on establishing the claims of a leasing company against a bankrupt debtor. Previously, the lessor’s claims were included in the register of creditors’ claims in the amount of 487 million rubles as part of the principal debt as a result of balancing the obligations for redemption payments and forfeit, which amounted to more than 200 million rubles. The Bureau of Lawyers “De jure”, representing the interests of a creditor competing with a leasing company, drew the court’s attention to violations of the law committed by the court of first instance, since the penalty in the debtor’s bankruptcy case is subject to accounting separately from the Principal debt, and its size is significantly overstated. The court of appeal agreed with the Bureau’s arguments and included the claims of the leasing company in the amount of 273 million rubles of the principal debt on redemption payments, reduced the penalty to 18 million rubles and recorded it in the register separately, as subject to satisfaction after the requirements for the principal debt. The change in the judicial act made it possible to significantly increase the percentage of satisfaction of our Principal’s claims. The interests of the Principal were represented by Ksenia Stikhina, senior lawyer of the Bureau of Lawyers “De jure”.

The team of the Bureau of Lawyers “De jure” received another Letter of Appreciation from our Principal, who is a major player in the oil products market. The Principal expresses his gratitude for the “impeccable professionalism and irreproachable defense of his interests” in the dispute over the recovery of damages in the amount of more than 70 million rubles in his favor. The Principal’s interests in this dispute were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”, Rashid Gitinov, Head of the Dispute Resolution Practice, and Ilsur Zakirov, Senior lawyer.