June 20 Main results of the day

The Moscow City Arbitration Court satisfied the Principal’s application to declare his debtor bankrupt and introduced bankruptcy proceedings against this debtor. This dispute is noteworthy in that a special procedure was applied to the debtor – bankruptcy of an absent debtor (bankruptcy proceedings are introduced, bypassing the supervision procedure). Employees of the Bureau of Lawyers “De jure” managed to provide convincing evidence of the existence of all the circumstances necessary for the application of the special procedure and did not allow the debtor to unreasonably delay the term of consideration of the bankruptcy application. The interests of the Principal were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”, Roman Volkomorov, lawyer of the Bureau’s Tyumen branch, and Nikolay Polusitov, senior lawyer.

The Second Cassation Court of General Jurisdiction overturned the decision of the Moscow City Court on the cancellation of the ruling of the Gagarinsky District Court of Moscow on the indexation of the court decision. The case has been sent back for a new hearing to the Court of Appeal. The Court of Cassation instance agreed with the position of the lawyers of the Bureau of Lawyers “De jure” that the Principal has the right to index the sums of money awarded to him by the court decision from the moment the decision is made, and not from the moment it comes into force, as indicated by the court of appeal. The Court of cassation also took into account the position of the Bureau’s lawyers that periods of deflation are not deductible from previous periods of inflationary losses, but they are subject to accounting in the amount of 0 rubles, since the indexation institute is aimed only at compensating losses for the period when the judicial act was not executed. The interests of the Principal were represented by Ilsur Zakirov, Senior Lawyer of the Bureau of Lawyers “De jure”.

The Tenth Arbitration Court of Appeal upheld the decision to declare the Principal’s debtor bankrupt and to introduce bankruptcy proceedings against this debtor. A group of persons affiliated with the debtor, in order to maintain control over real estate worth about 200 million rubles, appealed against a judicial act on the introduction of bankruptcy proceedings against this debtor. The employees of the Bureau of Lawyers “De jure” managed to prove to the court the groundlessness of the arguments of the appeals, the presence of signs of abuse of the right in the behavior of the appellants. The interests of the Principal were represented by Nikolay Polusitov, senior lawyer of the Bureau of Lawyers “De jure”.