28.05.24

Successful Defense in the Krasnodar Region Commercial Court: Advocates Bureau

Successful Defense in the Krasnodar Region Commercial Court: Advocates Bureau "Yug" Secures Favorable Ruling in Bankruptcy Case for Major Agro-Industrial Complex

A former beneficiary of the clients company filed to the commercial court to include a debt owed by a clients subsidiaries undergoing bankruptcy proceedings into the list of creditors claims.

The debtor company and the client objected to including this debt in the list of creditors claims, arguing that the former beneficiarys actions constituted an abuse of legal process. They claimed that the former beneficiary had no valid claim against the debtor company at the time of filing, as the debt had been duly discharged through the offset of mutual claims. Additionally, they pointed to the specific nature of the loan obligations and the complex structure of relationships within the group of companies and their beneficiaries.

The commercial court of first instance upheld the clients arguments. It ruled against the former beneficiarys inclusion in the list of creditors claims, finding that his actions constituted an abuse of rights.

ABYs lawyer Ekaterina Fedenko represented interest of the clients interests in this case.

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