A judge of the Russian Supreme Court Irina Bukina refused to readjudicate on judicial acts on enforcement of RUB 560 mn from Kraiinvestbank in favour of Probusinessbank represented by a Quorum attorney Anastasia Zhidchenko.
The case materials state that the Russian Central Bank appointed the Deposit Insurance Agency in its capacity as a temporary administration of Probusinessbank on August 7, 2015. That day, Kraiinvestbank sent a notice of early termination of liabilities to Probusinessbank via SWIFT; on August 10, 2015 – a notice of set-off of mutual claims, assuming that it did not have to return RUB 560 mn to the bankruptcy estate following that date. However, the DIA did not validate this set-off and referred to the court on behalf of the company in liquidation.
Anastasia Zhidchenko, a Quorum attorney who represented the DIA, convinced courts at three judicial levels that SWIFT message system was deactivated in Probusinessbank as of the set-off date and the notice of set-off has never reached the bank.
The judge of the Supreme Court upheld this opinion and refused to readjudicate on the judicial acts.
RUB 560 mn have been actually recovered and returned to the bankruptcy estate.