Lawyers of Interlegal defended successfully the Clients position at the court of appeal upon the bankruptcy procedure
всего: 0 29.03.16
A leading company in metal trading filed a request to Interlegal in respect of representation of interests due to initiating the bankruptcy procedure in respect of its Ukrainian counteragent.
Under the bankruptcy procedure provided in Ukraine, the lawyers of Interlegal filed an application on the creditor’s recognition of principal indebtedness and financial interest agreed by the Parties.
Having studied the application, the court of first instance recognized as lawful only the claim on principal indebtedness and denied recognition of financial interest.
In order to justify its position, the court stated that translation of the documents certifying agreement between the parties on financial interest payment contains the translator’s phrase stating that signatures of authorized representatives and seals of the parties are illegible.
In the process of appeal against the unlawful conclusion of the court of first instance, lawyers have drawn attention of the court of appeal to the fact that the translator neither was an expert nor had the required special skills and methods for assessment of the enterprise’s signature and seal. Furthermore, the conclusion of the court of first instance contradicts completely to the facts stated in the process of consideration of the case and reflected in the decision.
Having studied arguments of the experts of Interlegal and having listened to oral explanations of the parties, the court of appeal made a fair conclusion upon recognition of the whole claim amount.
Procedural experts of the Interlegal team, Karina Gorovaya and Olena Ptashenchuk, worked upon the case.