28/03/2016

Pavlova&Partners law firm experts have successfully protected the client’s interests in the Supreme Court of the RF

The lawyers protected the client’s investments for the amount of about 1 billion roubles

Pavlova&Partners law firm lawyers successfully protected the client’s investments for the amount of about 1 billion roubles in the Supreme Court of the Russian Federation (Case № А40-129889/14).

Three inferior courts rejected to include the investors’ claims (principal and interest) in the list of creditors' claims in relation to the developer bankruptcy case explaining that the action limitation period had omitted. Earlier, general jurisdiction courts of all levels debarred the investors’ property right to the building (mixed-use complex in south-west of the capital city) on the ground that the building was not delivered (85% construction readiness).

Judges of the high court supported the position of lawyers of Pavlova&Partners law firm pointing out that the conclusion on the limitation period is wrong, the claims of investors are reasonable, interest claim (for delay in the transfer of real estate) can be included in the debtor’s register during monitoring procedure, and material non-monetary demand of the transfer of the property which is subjected to valuation in money terms - during bankruptcy proceedings.

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Ирина Кошечкина

Юрист