April 6 Main results of the day

The Arbitration Court of the Moscow Region agreed with the arguments of the lawyers of the Bureau of Lawyers “De jure” on the expediency of introducing bankruptcy proceedings against the debtor of the Principal and appointing a candidate proposed by the Principal as the bankruptcy trustee, despite the fact that two creditors are appealing against all decisions of the first creditors’ meeting, which determined the need to declare the debtor bankrupt and the candidacy of the manager. Thus, unreasonable attempts by persons affiliated with the debtor to drag out the monitoring procedure were stopped. This will allow our Principal not only to control the entire bankruptcy procedure, but also to receive satisfaction of his claims in the debtor’s bankruptcy procedure as soon as possible through the sale of collateral. The interests of the Principal were represented by Roman Volkomorov, lawyer of the Tyumen branch of the Bureau of Lawyers “De jure”.

The Moscow City Court overturned the decision of the Kuzminsky District Court of Moscow on the appeal of the Bureau of Lawyers “De jure”. Earlier, within the framework of this case, the court of first instance refused to satisfy the Principal’s claims. The appellate instance overturned the illegal decision and satisfied the Principal’s claim, agreeing with the legal position of the Bureau’s lawyers that the absence of the original loan agreement cannot be the basis for rejecting the claim in a situation where the conclusion of the agreement took place by exchanging the electronic version of the agreement with scans of signed documents.  In addition, the court found the Defendant’s argument about an interest-free loan agreement to be untenable, since the Defendant transferred as a loan repayment 40 thousand rubles more than the loan amount, which indicated partial interest payment; the limitation period for periodic payments was not missed, since in the absence of another purpose in the payment orders, the Principal had the right to direct the incoming funds for repayment according to the schedule of the first payments. The Principal’s interests were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”, Rashid Gitinov, Head of the Dispute Resolution Practice with state bodies, and Semyon Garayan, lawyer.

The Arbitration Court of the City of Moscow satisfied in full the claim of Yuliy Darinsky, the Principal of the lawyer of the Bureau of Lawyers “De jure”, against the State Inspectorate for Control over the Use of Real Estate in the City of Moscow. The Principal is an organization that owns several real estate objects.  One of these facilities had extensions that were not fully legalized by the previous owner. The DGI of Moscow and the State Inspectorate for Control over the Use of Real Estate Objects of the City of Moscow demolished the annex without a court decision, referring to such authority provided for by the decree Number 819 of the Government of Moscow. But during the trial, Yuliy Darinsky managed to prove a violation of the law by the authorized bodies and the absence of legal grounds for the demolition of objects out of court. This decision will allow recovering losses from state bodies in full.