January 19 Main results of the day

The Principal managed to exclude the claims of a competing creditor for a total amount of more than 34 million rubles from the register of claims of the debtor’s creditors, the important decision for the Principal was confirmed by three judicial instances. The Arbitration Court of the Moscow District upheld the judicial acts of the Arbitration Court of the Moscow region and the Tenth Arbitration Court of Appeal, which confirmed the validity of the legal position of the Bureau of Lawyers “De jure” on the insufficiency of evidence of the existence of the loan, even despite the existence of payment orders for the transfer of funds with the appropriate purpose of payment. The interests of the Principal were represented by Ksenia Stikhina, senior lawyer of the Bureau of Lawyers “De jure”.

The courts of three instances confirmed the Defendant’s obligation to pay the Principal more than 49 million rubles as payment for refusing to redeem the goods previously agreed for delivery. The Arbitration Court of the Moscow District upheld the judicial acts of the lower courts on the recovery of monetary compensation in favor of the Principal. It is noteworthy that the courts did not reduce the amount required by the Principal, recognizing as convincing the arguments stated by the lawyers of the Bureau of Lawyers “De jure” about the inapplicability of the norms of Article 333 of the Civil Code of the Russian Federation to these provisions. In addition, in the court of cassation, besides the debtor himself, a participant of this case (founder) had tried to intervene in the case, but lawyers of the Bureau of Lawyers “De jure” substantiated the procedural illegality of such a request and the cassation court refused the procedural opponents to satisfy all their petitions.  The interests of the Principal were represented by Yakov Bulut, lawyer of the Bureau.