The lawyers of Exiora Law Firm managed to cancel court orders on disqualification of the debtor’s receiver
Upon a complaint filed by one of bankruptcy creditors, Moscow City Arbitration Court disqualified the debtor’s receiver by referring to violations committed by him which resulted in losses in the form of increased bankruptcy related expenses.
The 9th Arbitration Court of Appeals upheld the reasoning of the first instance.
In an arbitration court of cassation instance, the lawyers of Exiora Law Firm were successful in nullifying court orders on disqualification of the receiver by rebutting the arguments of the lower courts on substantial violations committed by the receiver and proving that the consideration owed to the receiver cannot be considered as losses inflicted on bankruptcy creditors.
Simultaneously, the lawyers of Exiora Law Firm managed to cancel court orders on appointment of a new receiver for the debtor having proved that its appointment had been done by the court with gross violations of procedural rules.