Cases' examples 2

Dispute on legitimacy of the offset made by the bank during pre-bankruptcy period

This case is an example of a successful conduct of the proceeding against the State Corporation Deposit Insurance Agency. As the Grantor asserted claims against the bank in scope of Subordinated Loan Agreement and the bank asserted counter claim to the Grantor in scope of Loan Agreement, the Parties decided to offset the liabilities. However, as the bank had its license revoked, bankruptcy supervisor of SC Deposit Insurance Agency, despite the offset and the Client being free of debts towards the bank, applied to the court on enforcement under the Loan Agreement. In scope of dispute settlement the Bar’s attorneys have proved that all Client’s liabilities towards the bank were fulfilled with the offset prior to the license revocation and claims of the SC Deposit Insurance Agency on debt remittance are inconsistent. The dispute value amounted to 40 mln rubles.