December 13 Main results of the day

The Arbitration Court of the Volgograd Region refused to satisfy the complaint of the representative of the debtor’s participants against the actions of the bankruptcy trustee, as well as to recover losses from him in the bankruptcy procedure initiated by the Principal. Thus, the debtor’s exertion of pressure on the arbitration manager and his removal from the performance of duties has been stopped, which will allow the manager to achieve the goals of bankruptcy proceedings and repay the debt to the Principal in full. The interests of the Principal were represented by Roman Volkomorov, lawyer of the Tyumen branch of the Bureau of Lawyers “De jure”.

Lawyers of the Bureau of Lawyers “De jure” defended the interests of the Principal and reduced his tax costs by more than 2 million rubles annually. As part of this dispute, the Moscow City Court invalidated the provisions of the Decree of the Government of Moscow, by which the Principal’s building was included in the list of objects in respect of which the tax base is determined as the cadastral value. Moreover, the building was excluded from the disputed list on the basis of a court decision for 2017-2021. Satisfying the administrative claim, the Moscow City Court agreed with the calculations of the Bureau’s lawyers that the premises in the building, including those leased, are not used for offices, trade or public catering facilities. And the calculations of the Moscow Government about a 20% excess of such use as a criterion for including the building in the disputed list are recognized as inconsistent with the calculation methodology approved by the Moscow Government itself. It is noteworthy that the prosecutor, whose participation is obligatory in this category of administrative disputes, also agreed with the arguments of the lawyers of the Bureau and recognized the claims to be satisfied in full. The interests of the Principal were represented by Rashid Gitinov, Head of the practice of resolving disputes with state bodies of the Bureau of Lawyers “De jure”.

The Principal proved his right to recover debts in the amount of more than 47 million rubles from the debtor in the framework of the bankruptcy case. The Ninth Arbitration Court of Appeal overturned the judicial acts of the court of first instance on the refusal of the Principal in the procedural succession on the side of the creditor. The Judicial Board agreed that the assignment of the right of claim was made legally and the Principal had every reason to transfer the rights of claim under the loan agreements to him. The Principal’s interests were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”.

The Moscow City Arbitration Court resolved the disagreements that arose between the debtor – a citizen and the Principal – a collateral creditor on the issues of the procedure and conditions for the sale of the debtor’s property pledged to the Principal. Thus, the abuse of the right by the debtor who wants to prevent the sale of his property worth more than 74 million rubles pledged to the Principal, or at least delay such a sale, has been stopped. A positive consequence of resolving the dispute will be the repayment of the Principal’s monetary claims in a significant part with minimal time costs. The legal position on the dispute was prepared by Roman Volkomorov, lawyer of the Tyumen branch of the Bureau of Lawyers “De jure”, the interests of the Principal in court were represented by Viktor Pokormyak, lawyer of the Bureau of Lawyers “De jure”.