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New decision of the Plenum of the Supreme Court. How to work with a guarantee in bankruptcy cases now
In the article we analyze the new explanations of the Supreme Court.
04 September 2023
The citizen misleads the creditor. In what cases will the court not release him from debts?
The article contains five grounds, a reference to which will help the creditor achieve the preservation of debt for a bankrupt citizen.
27 August 2023
Yury Sbitnev, partner at Exiora Law Firm, commented on the new decision of the Supreme Court on interim measures
Commentary on the Resolution of the Supreme Court of June 1, 2023 № 15 “On Certain Issues of the Courts Taking Measures to Secure a Claim, Interim Measures and Measures of Preliminary Protection”
11 August 2023
Application of the construction of a petition for disagreements in bankruptcy and controversial cases
In the material, we will consider the features of the application of the construction of a petition for disagreements in bankruptcy using examples from judicial practice in accordance with part 1 of Article 60 of the Bankruptcy Law.
09 August 2023
The partner of the Exiora Law Firm Yuri Sbitnev commented on amendments to the Federal Law on LLC regarding the determination of the size of the actual value of the share
The Ministry of Economic Development of the Russian Federation has prepared two bills that amend Articles 14, 23 and 25 of the Federal Law "On Limited Liability Companies" and Article 67 of the Civil Code of the Russian Federation and relate to the rules for determining the size of the actual value of the share of the exited participant. The partner of the Exiora Law Firm, Yuri Sbitnev assessed the impact on judicial practice in case of adoption of changes.
14 July 2023
Abuse of the manager at the auction. When can he be prosecuted
The article contains four typical violations in the sale of the debtor's property, which are allowed by managers, and ways to deal with them.
07 July 2023
Legal force of the letter of guarantee
In many ways, business relations are based not only on signed contracts, but also on promises to perform certain actions: the supply of goods, the performance of work, the provision of services. In confirmation, an additional agreement to the current contract, a receipt or a letter of guarantee can be drawn up, the issuance of which may have various legal consequences.
27 June 2023
Recognition of the right as absent in real estate disputes: judicial practice and procedural features
Claims for the recognition of a right as missing perform two functions at the same time: on the one hand, they protect the violated rights of the owner of the property, and on the other hand, they eliminate errors by correcting the information of the Unified State Register of Real Estate, introduce legal certainty and prevent inconsistencies in the information contained in the Unified State Register of Real Estate .
26 June 2023
Yuri Sbitnev, Partner at Exiora Law Firm, commented on Ruling of the Supreme Court of the Russian Federation №307-ES22-26731 dated May 3, 2023
The Supreme Court of the Russian Federation figured out whether the fact of voting at a meeting of creditors can indicate agreement with the changes to all the terms of the contract.
15 June 2023
The debtor made a payment in enforcement proceedings. When can it be disputed?
The article contains an algorithm for contesting payments under executive documents. We analyzed proof strategies depending on the type of payment and collected examples of successful cases to help creditors.
06 June 2023
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