Our experience
Successful support in the case of contesting transactions for the withdrawal of property of the debtor company
Procedural position:
plaintiff's representative
Case plot:
The lawyers of our company successfully defended the interests of the client in a dispute on contesting transactions for the withdrawal by the debtor company of two real estate objects from foreclosure.
The dispute arose around two apartments in the city of St. Petersburg, through the sale of which it was possible to repay the debt to our client.
At the same time, the debtor, on the eve of the initiation of enforcement proceedings, alienated real estate to a third party, which made it impossible to further actual repayment of the debt.
The dispute arose around two apartments in the city of St. Petersburg, through the sale of which it was possible to repay the debt to our client.
At the same time, the debtor, on the eve of the initiation of enforcement proceedings, alienated real estate to a third party, which made it impossible to further actual repayment of the debt.
Review result:
Based on the results of the consideration of the case, the arbitration court of the appellate instance, overturning the decision of the court of first instance, accepted the position of the plaintiff and invalidated the transactions for the alienation of the disputed apartments, recognizing the behavior of the seller and the buyer as unfair, and obliging to return the property in favor of the debtor, which will allow foreclosure and pay off existing debt.
Successfully end a family conflict
Procedural position:
former spouse's representative
Case plot:
After the dissolution of the marriage, the ex-wife refused to enforce a number of agreements previously concluded between the parties. The ex-wife did not recognize the validity of the marriage contract and refused to recognize the former spouse's ownership of a three-room apartment, going to court demanding that the marriage contract be declared null and void. In addition, the ex-wife also evaded the execution of the agreement on the payment of alimony, in terms of disclosing to the ex-spouse information about their direction for the needs of children, which led to the need to terminate this agreement in court. In response to this lawsuit, the ex-wife began to interfere with the communication of the ex-husband with the children.
Review result:
As a result, a lengthy consideration of a number of litigations (four parallel litigations, including a dispute on the termination of a marriage contract, a dispute on the termination of an agreement on the payment of alimony, a dispute on compulsion to conclude the main contract of donating an apartment and a dispute on determining the procedure for communicating with children), lasting more than two years and past several rounds of judicial instances, ended with the conclusion of a comprehensive settlement agreement on the condition that the ex-wife accepts all the conditions in favor of the client of our company. Thus, the spouse waived her demand to terminate the marriage contract, thereby recognizing the former spouse's ownership of the three-room apartment. In addition, the ex-wife refused to appeal against judicial acts in cases of termination of the agreement on the payment of alimony and on compulsion to conclude the main contract of donation of the apartment, which made it possible to reduce the amount of alimony paid by five times, and also retain the right of ownership to a two-room apartment.
Bringing the liquidator and the former head of the organization to subsidiary liability
Procedural position:
representative of the applicant - bankruptcy creditor
Case plot:
the bankruptcy trustee and the creditor applied to the arbitration court with a demand to bring the liquidator and the former head to subsidiary liability
Review result:
preparation of a legal position substantiating the actions of the defendants that led to the bankruptcy of the organization, allowed the courts of first instance and appellate instance to conclude that there were grounds for bringing the liquidator and the former head of the debtor to subsidiary liability for the obligations of the organization. The effective work of the company's lawyers made it possible, through the implementation of the mechanism of personal responsibility of the organization's managers, to repay the claims of bankruptcy creditors
Debt collection from the customer under a construction contract
Procedural position:
plaintiff's representative
Case plot:
since a high amount of the penalty was established under the contract, the customer, using the terms of the contract on the possibility of offsetting the penalty against payment for the cost of work, refused to pay for the work performed
Review result:
after a detailed study of the submitted documents and preparation of a legal position, the lawyers initiated a dispute in the arbitration court. At the stage of consideration of the case in the court of first instance, the customer repaid the debt in the amount of 13.9 million rubles. and the proceedings were terminated
Reputational protection
Procedural position:
applicant's representative
Case plot:
on the page of a well-known Internet service for posting reviews on the activities of commercial organizations, a review was published discrediting the business reputation of the organization
Review result:
as a result of preparing a motivated position in the case, the arbitration court found the information contained in the service user’s review to be untrue and discrediting the business reputation, which served as the basis for the service to exclude negative information about the company
Reclamation to the bankruptcy estate of a company of a complex of real estate
Procedural position:
plaintiff's representative
Case plot:
on the eve of bankruptcy, the former head and majority shareholder of the company carried out the withdrawal of the real estate complex. The bankruptcy commissioner applied to the arbitration court with a request to challenge the chain of concluded transactions and to demand from the ultimate purchaser of the organization's assets
Review result:
a deep analysis of the situation and the accounting and financial documents submitted by the bankruptcy trustee allowed lawyers to form a legal position on the case. Based on the results of evaluating the arguments of the bankruptcy trustee, the arbitration court came to the conclusion that the arguments of the plaintiff were justified and claimed the real estate complex (production base) in the competitive estate of the company