LF “Moskalenko&Partners” won dispute with PJSC “Alfa-Bank” in the amount of 300 thousands USD
10.12.2014
The Team of the LF “Moskalenko&Partners”, headed by the partners Igor Berdan, Anastasiya Moskalenko and the Lawyer Darina Moskalenko, protected the rights and interests of natural person-debtor of PJSC “Alfa-Bank”. The LF “Moskalenko&Partners” prevented PJSC “Alfa-Bank” from realizing the house and land, which were in the mortgage for the loan agreement, via executive inscriptions to repay the loan debt in foreign currency.
Shevchenkovskyi district court of Kyiv stopped debt collection on the base of executive inscriptions as executive documents in November of 2014 year. In other words, the executive proceeding on realization of property of the debtor was stopped completely until case would be solved on the essence.
Shevchenkovskyi district court of Kyiv made decision about the satisfaction of the claim about the recognition of the executive inscriptions as non-executive on 5th of December of 2014 year. Despite this fact, usually the bank appeal a solution of the court in favor of the borrowers in the future, the prospects of this dispute is quite predictable and consistent with the judicial precedents of the VSSU and the Supreme Court of Ukraine in favor of borrowers.
It should be noted that indicated property estimated at 300 000 dollars in the mortgage contracts.
