January 31 Main results of the day

On 30.01.2024, the Arbitration Court of the Moscow District upheld judicial acts on refusal to establish a creditor competing with the Principal in the amount of 190 million rubles!

Earlier, the courts of the first and appellate instance recognized the claims as justified, but the Court of Cassation satisfied the complaint prepared by lawyers of the Bureau of Lawyers “De jure” and sent the dispute for a new hearing to the court of first instance. Upon reconsideration of the case, lawyers convinced the courts of three instances that the creditor did not have the financial opportunity to lend such a large amount of money, the applicant was affiliated with the debtor, and the loan agreements themselves had defects of invalidity. The case was complicated by the existence of debt collection decisions in favor of the creditor. At the same time, with reference to new arguments, the Bureau proved the absence of prejudice, which made it possible to refute the conclusions contained in the decision. As a result, the Principal’s claims will be repaid in a larger amount not only at the expense of the debtor’s property, but also at the expense of the property of the guarantors and mortgagors, to whom the competing creditor had similar claims.

The interests of the Principal were represented by Ksenia Stikhina and Nikolay Polusitov, senior lawyers of the Bureau of Lawyers “De jure”.