September 7 Main results of the day

The Ninth Arbitration Court of Appeal upheld the decision of the Moscow Arbitration Court to recover debt from a subcontractor under a construction contract in favor of the general contractor. The Court of Appeal agreed with the arguments of the lawyers of the Bureau of Lawyers “De jure” that under work contracts, the limitation period in the absence of counter-performance is calculated from the moment of unilateral refusal of the contract, and not from the moment of expiration of the period for performing work under the contract or the deadline validity of the contract. Thanks to the actions of the lawyers, the bankruptcy estate of the general contractor, in respect of whom bankruptcy proceedings are underway, has not only been replenished, but also the potential volume of subsidiary liability of the Principal, the former head and owner of the general contractor, has been reduced. The interests of the Principal were represented by Ilsur Zakirov, Senior Lawyer of the Bureau of Lawyers “De jure”.

The Twelfth Arbitration Court of Appeal confirmed the arguments of lawyers of the Bureau of Lawyers “De jure” on the groundlessness of creditor claims of a person affiliated to the debtor in the amount of more than 12 million rubles. As a result, the appeal of a creditor competing with our Principal was left unsatisfied, and the ruling of the Arbitration Court of the Volgograd Region was left unchanged. At the same time, new evidence requested by the Appellate Court at the appellant’s request was invalidated. Taking into account the existence of reasonable doubts, the arguments of which were presented by the Bureau’s lawyers, the claiming creditor could not prove the reality of the supply contracts concluded with the debtor. Thus, unjustified attempts to gain control over the bankruptcy procedure of a person actually affiliated with the debtor have been suppressed. Also, the possibility for such a person to lay claim to the property constituting the bankruptcy estate was not allowed, which will allow our Principal to obtain satisfaction of his claims in the bankruptcy procedure of the debtor in full. The interests of the Principal were represented by Roman Volkomorov, the lawyer of the Tyumen branch of the Bureau of Lawyers “De jure”; Ksenia Stikhina, trainee lawyer of the Tyumen branch of the Bureau of Lawyers “De jure”, also took part in preparing the position.