The American Themis recognized Igor Mavlyanov as a debtor of VTB

A fluent businessman could not sit out overseas.
02.02.2018
Kommersant
Origin source
The day after the publication of the so-called "Kremlin report" by the US Treasury, the Supreme Court of New York ruled to collect more than 2.2 billion rubles from the co-owner of the Yashma holding Igor Mavlyanov. in favor of VTB. Thus, the American Themis not only recognized the relevant decisions of the Meshchansky District and Moscow City Courts, but also pointed out to the defendant that his references to political tension between the US and Russia are absolutely inappropriate.

Hearings on the suit of VTB to Igor Mavlyanov in the 49th board of the New York court lasted a little more than a year. The claim for the recovery of the debt from the co-owner of the jewelry holding company under two surety agreements (loans were received back in 2013 by OJSC TPK Yashma, whose beneficiary was a businessman) 2 billion 245 million 899 thousand rubles. and 78 kopecks. was filed January 14, 2017. On January 30, the day after the announcement of the next sanctions that could be imposed against Russian politicians, businessmen and enterprises, Judge Peter Sherwood fully satisfied him. At the same time, he ordered the defendant not only to return the dollar equivalent of the claimed amount and cover all legal costs, but also added to the lawsuit 9% per annum for the illegal use of other people's money. Within a few days the clerk of the court will calculate the total amount assigned to the recovery and bring it to the parties.

Initially, the lawsuit concerned the recovery of $ 37 million from Mr. Mavlyanov. The ruble equivalent of this sum was collected in favor of VTB from a surety businessman by two decisions of the Meshchansky District Court in April 2016, which were then approved by the Moscow City Court, which dismissed the complaint of Igor Mavlyanov's representatives. However, the creditor could not collect debts - the businessman himself moved to the United States, and in Russia by arbitration he was declared a personal bankrupt.

Demanding to dismiss the claim, the representatives of Igor Mavlyanov argued in a New York court that when reviewing his cases in Moscow courts, procedural rules were violated, the defendant did not have the right to full protection, and declaring demands to him abroad, VTB violates the procedure of bankruptcy of a businessman in Russia, since other creditors expect to receive debts from him. The defense of Igor Mavlyanov was tried to give the trial a political connotation. In particular, it was stated that the claim of VTB should be rejected due to certain disagreements between the two countries.

Judge Sherwood in his definition (available to Kommersant) noted that, in accordance with Art. 5303 of the Civil Procedures of the State of New York, regional courts recognize the decisions of the courts of other states, if they have entered into force. The relevant decisions, the judge said, had already been taken in New York for cases previously considered in Russia, citing several examples. In the case of Igor Mavlyanovym, the judge considered, he has no reason to distrust Moscow's judicial system, the decisions of which were objective, public and understandable. "They (decisions." - Kommersant) show that from the side of the Moscow courts in respect of Mr. Mavlyanov, it was ensured compliance with all procedural rules. Federal courts in New York established that the Russian legal system provides parties with a fair and appropriate forum for the resolution of disputes and that the decisions of the Russian judiciary should be fully recognized as valid and legally binding, "says Mr. Sherwood's ruling. Despite the defendant's assertion that the political tension that has recently occurred between the US and Russia should lead to a refusal to satisfy the claim, the judge said, Mr. Mavlyanov did not give any objective arguments in favor of this. As for the case of the bankruptcy of the co-owner of the Yashma holding, then, as the New York court has decided, it has nothing to do with the lawsuit filed against him in the United States.

The total debt of Igor Mavlyanov. as guarantor under loan agreements concluded with JSC "TPK Yashma", JSC "Arial" and CJSC "Aerofirst", before VTB is 5.6 billion rubles. In the United States, if the decision of the New York court comes into force (the defendant has 30 days to appeal), the penalty may be imposed on Mr. Mavlyanov's former assets.

Earlier on VTB suits, the Supreme Courts of New York and California imposed interim measures on the assets of Mr. Mavlyanov, his son Ilya and Jasper, 119th Street, Boris and Bowman, related to them. These companies, according to the plaintiff, were moved home and apartment businessman in Beverly Hills and New York, estimated at almost $ 9 million According to the creditor, the assets were alienated in order to hide them from the recoverer. The real estate was arrested, and its future fate is supposed to be decided on the processes in February-April this year.

"We welcome the ruling of the Supreme Court of the State of New York, which recognized the decision of the Meshchansky Court to recover debts from Igor Mavlyanov in favor of the bank. Our main objective when dealing with bad debts is repayment of loan funds. VTB will continue to defend its interests in the proceedings with Mr. Mavlyanov and its structures in court to recover the debt of "Yashma" in full, "the press service of VTB told Kommersant.

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