April 13 Main results of the day

The Arbitration Court of the Moscow District confirmed the right of our Principal to recover debts in the amount of more than 47 million rubles from the debtor in the framework of the bankruptcy case. The court upheld the decision of the Court of Appeal and refused to satisfy the cassation appeal of the opponents. Thus, at first the mistake made by the court of first instance, which refused the Principal in the procedural succession on the side of the creditor, was corrected. The Judicial Board did not doubt that the assignment of the right of claim was made legally and the Principal had every reason to transfer the rights of claim to him under the loan agreements. The Principal’s interests were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”, Roman Volkomorov, lawyer of the Tyumen branch of the Bureau of Lawyers “De jure”, also took part in the preparation of the legal position.

After the termination of the debtor’s bankruptcy case due to lack of funding, the creditor applied to the Moscow Arbitration Court with an application to bring the Principal to subsidiary liability for the debtor’s obligations in the amount of more than 7 million rubles. But the lawyers of the Bureau managed to find evidence and build a legal position on the fact that there were funds on the debtor’s current account that exceeded the amount of the debt twice. In such circumstances, there are no grounds for bringing to subsidiary liability. Despite this, the court of first instance still satisfied the claim. However, in the court of appeal, under the pressure of indisputable evidence objectively confirming the absence of legal grounds for bringing the Principal to subsidiary liability, the creditor was forced to waive the claims, and therefore the proceedings were terminated. The interests of the Principal were defended by Daria Ivanova, Senior Lawyer of the Bankruptcy Dispute Resolution Practice of the Bureau of Lawyers “De jure”.