In order to enforce the debt arising\nfrom loan agreements, we were approached by a client who concluded two loan\nagreements with a friend in January 2017 for a total of ~ 20 million rubles.<\/p>\n\n\n\n
As it often happens, by the date the\nmoney was refunded, the debtor and his guarantor stopped contacting our client\nand did not return to him either the Principal amount of the debt or the\ninterest for using the money.<\/p>\n\n\n\n
Having undertaken to analyze the\ndocuments in the case, our lawyers monitored the debtors using open databases\nand found out that in 2016 the debtor and his guarantor were declared insolvent\n(bankrupt) by the Moscow Arbitration Court.<\/p>\n\n\n\n
Thus, the debtors, without notifying\nour client of their bankruptcy status, had entered into loan agreements and\naccepted funds.<\/p>\n\n\n\n
Under such circumstances, we filed a\nclaim in Tushinsky District Court of\nMoscow to recover current payments in accordance with Article 5 of the Federal Law “On Insolvency\n(Bankruptcy)” dated 10.26.2002 N 127-FL.<\/p>\n\n\n\n
Unfortunately, at present, courts of\ngeneral jurisdiction rarely encounter legal relations regulated by the Federal\nLaw \u201cOn Insolvency (Bankruptcy)\u201d of October 26, 2002 N 127-FL, which often\nentails their incorrect interpretation of the rules of law related to\nbankruptcy.<\/p>\n\n\n\n
In our case, during the initial\nconsideration of the claim, Tushinsky District Court of Moscow, having not\nproperly understood the circumstances of the case, considered that the claims\nof our client should be considered by Moscow Arbitration Court in the framework\nof bankruptcy cases of debtors and left the claim without consideration,\ndespite of our motivated objections.<\/p>\n\n\n\n
Being confident in the correct legal\nqualification of the relations that arose, we sent a private complaint to\nMoscow City Court against the ruling of the court of the first instance regarding\nleaving of the claim without consideration, and also supported its arguments at\nthe hearing. Moscow City Court agreed\nwith our position, quashed the appealed determination and sent the case for\nreconsideration to Tushinsky District Court of Moscow.<\/p>\n\n\n\n
During the reconsideration of the\nclaim, we supported the claims, provided written explanations on the objections\nof the financial managers of the debtors, who asked to recognize the loan\nagreements as null and void and to refuse to satisfy our claims.<\/p>\n\n\n\n
In addition, in order to strengthen\nthe evidence base, we questioned a witness who confirmed the actual receipt by\nthe debtor of the funds stipulated by the loan agreements.<\/p>\n\n\n\n
On December 20, 2018, Tushinsky\nDistrict Court of Moscow, having heard the positions of all those involved in\nthe case, fully satisfied our claim, having recovered more than 27 million\nrubles in favor of our client, including the main debt, interest on the use of\nfunds and forfeit for late payment debt.<\/p>\n\n\n\n
It is worth noting that the recognition\nby Tushinsky District Court of Moscow of the debt to our client as current will\nallow him to satisfy his requirements at the expense of the bankruptcy estates\nof the debtor and his guarantor, formed in the framework of bankruptcy cases,\nprimarily, i.e. befor the distribution of funds between bankruptcy creditors,\nreceived as a result of the sale of property of debtors.<\/p>\n\n\n\n
Y.S.Bulut , lawyer of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, prepared the position\non this case and represented the Defendant\u2019s interests in the courts.<\/p>\n","protected":false},"excerpt":{"rendered":"
In order to enforce the debt arising from loan agreements, we were approached by a client who concluded two loan agreements with a friend in January 2017 for a total of ~ 20 million rubles. As it often happens, by the date the money was refunded, the debtor and his guarantor stopped contacting our client…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[111,140],"tags":[],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33162"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/comments?post=33162"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33162\/revisions"}],"predecessor-version":[{"id":33163,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33162\/revisions\/33163"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33162"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=33162"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=33162"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}