JSC BM Bank (a company incorporated in Moscow) v Kekhman and others

Bank – Loan. A Russian bank, JSC BM Bank, succeeded in its claims against the first defendant, Vladimir Abramovich Kekhman, which alleged, among other things, that fraudulent misrepresentations had been made in securing substantial loans to a company in the JFC Group, which he had founded. The Commercial Court held that the bank was entitled to judgment in the sum of US$140m, plus ₽305,732,000, less recoveries of US$5,895,278.81, together with interest. Further, the court held that, notwithstanding that Mr Kekhman had been made bankrupt, on his application, and had subsequently been automatically discharged from his bankruptcy, he was not discharged from his liability to the bank, because he had been a party to a conspiracy to defraud the bank by the dissipation of the assets of the JFC Group and, as such, his conduct had been dishonest and fell within the rubric of 'fraud' in s 281(3) of the Insolvency Act 1986.

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