November 22 Main results of the day

The Nikulinsky District Court of Moscow refused to satisfy the demands for foreclosure on the only home of the Principal and her three children. In 2021, a Trustee applied to the Bureau of Lawyers “De jure”, in respect of who at that time a decision was made to foreclose on 1/2 of the share of her apartment to pay the debts of her ex-husband, who had passed away by the time the claim was filed. In the court of cassation instance, lawyers of the Bureau of Lawyers “De jure” proved that the lower courts did not investigate the issue of the entry of heirs into the inheritance. As a result, the case was sent for a new trial, already during which the Bureau of Lawyers “De jure” managed to convince the court that the Plaintiff had chosen an inappropriate method of defense: instead of claims to the heirs, the creditor claimed the division of the jointly acquired property of the spouses, although he was aware of the death of the debtor. As a result, the court agreed with the arguments of the Bureau’s lawyers and refused to satisfy the claim in full. The interests of the Trustee were represented by Ekaterina Bulygina, senior lawyer of the Bureau of Lawyers “De jure”.

The Arbitration Court of St. Petersburg and the Leningrad Region granted the Principal’s application for the intention to repay the debtor’s monetary obligations to his creditors, including the collateral creditor – one of the largest banks in Russia. Within the framework of a separate dispute, an expert assessment of the collateral real estate was carried out, which established its real market value. This amount of money was payable to the credit institution as a collateral creditor. When making the ruling, the court agreed with the position of the lawyers of the Bureau of Lawyers “De jure” that the Principal is obliged to repay the Bank’s claims for the debtor in the amount of the market value of the pledged property, but without including value added tax in it. It is this approach that fully complies with the provisions of tax and bankruptcy legislation. This result allowed the Principal to minimize the monetary expenses expected to repay the debtor’s debt to creditors in the amount of more than 55 million rubles. The interests of the Principal were represented by Viktor Pokormyak, lawyer, Head of the practice of challenging dubious transactions of the Bureau of Lawyers “De jure”.