Trusted Advisors represented the Bank in debt dispute
Trusted Advisors’ litigation team successfully represented the Bank in the dispute concerning the debt totaling UAH 5,526 042, 24.
The dispute concerned funds withdrawal from the debtor in connection with the advent of adverse events. Also, the enterprise is located in ATO zone, and in a view of the deterioration of the financial performance of the plaintiff, the Bank decided to run an early debt recovery according to the stated terms of the general agreement. The right to self-debit arose in connection with the failure of the requirements of early repayment of the debt.
Trusted Advisors’ lawyers managed to prove the validity of Bank's actions (i.e. the to debit the plaintiff’s debt form its account due to the arising adverse events) in accordance with applicable law and the agreement concluded between the parties.
A positive decision on this process, which is a prejudice, guarantees the possibility for the Bank to recover the remaining debts in another trial.
Trusted Advisors’ team was led by partner Vladislav Reznikov, with a significant support from a senior associate Alexander Arkhipov and an associate Sergei Yatsenko. Lawyers have managed to provide the adequate evidence base and got a positive decision on 7 July 2016, which denied the debtor to recover early debt relief from the Bank. The Supreme Economic Court of Ukraine confirmed the legality of this decision on 13 February 2017.