Publication

The debtor has expensive, but the only housing. How creditors can legally bypass executive immunity

The debtor has expensive, but the only housing. How creditors can legally bypass executive immunity

Debtors - natural persons can dishonestly hide behind the rule of executive immunity. What should creditors do if the only property of the debtor is a huge “palace” with which he could pay off all bankruptcy creditors, read in the article.

01 October 2020

Electronic correspondence: how to convince the court to accept it as evidence

Electronic correspondence: how to convince the court to accept it as evidence

Due to restrictive measures in March-May, in most cases, companies could not sign contracts, acts and other documents in person. Instead of paper copies, they exchanged scanned copies and agreements by e-mail. As long as there is no dispute, there are no problems with such correspondence. But if there are disagreements, the e-mails will be evaluated by the judges. What will convince the court to recognize e-mail correspondence as proper evidence, you will learn from the article.

05 August 2020

What to sign with a counterparty after a pandemic

What to sign with a counterparty after a pandemic

From the article you will learn which two documents to issue if there is a delay under the contracts. If you don't want to cancel the contract, fill out both documents. If you do not plan to extend the terms, one will be enough.

18 July 2020

The counterparty violates obligations: what to do and how to issue

The counterparty violates obligations: what to do and how to issue

“Let’s go to court” is the first thing a lawyer far from business will say if the counterparty misses deadlines and refuses to fulfill obligations, citing financial problems due to the pandemic. The decision is correct, but it will take a lot of time and entail additional costs. What can be offered instead to the counterparty in order to quickly solve the problem of non-payments and non-fulfillment of non-monetary obligations? There are many options and each has its own nuances.

01 July 2020

How the parties referred to the pandemic while the courts were closed

How the parties referred to the pandemic while the courts were closed

Since March 19, 2020, due to the COVID-19 virus pandemic, the courts switched to remote work: they temporarily suspended face-to-face meetings, recommended that documents be sent electronically or by mail, began to consider only simplified proceedings and urgent disputes, and postponed other meetings. The coronavirus has affected not only the mode of operation of the courts, but also their decisions. In what cases the parties referred to the coronavirus - read the article.

14 June 2020

What force majeure conditions are now included in the supply contract

What force majeure conditions are now included in the supply contract

The article contains examples of wording on force majeure circumstances in supply contracts that will help to avoid sanctions for delay.

03 June 2020

The meeting of creditors was held with violations. Which of them will lead to the cancellation of the decisions made

The meeting of creditors was held with violations. Which of them will lead to the cancellation of the decisions made

Decisions of the meeting of creditors can be canceled if procedural requirements are not met. Four typical situations to help the lender - in the article.

08 May 2020

The company goes bankrupt. How to bring the founder to subsidiary liability

The company goes bankrupt. How to bring the founder to subsidiary liability

If it is impossible or unprofitable to bring the director of the company to subsidiary liability, shift it to the founder. When you can do this - in the article.

02 April 2020

How to formulate the terms of the contract so that the customer is not left without an object and money

How to formulate the terms of the contract so that the customer is not left without an object and money

The article analyzed the unsuccessful wording that is often found in contract templates and told how to rewrite them.

01 March 2020

Prohibition to hold a meeting of creditors: how to achieve an interim measure

Prohibition to hold a meeting of creditors: how to achieve an interim measure

The courts believe that the ban on holding a meeting of creditors violates the rights of creditors and delays the bankruptcy procedure. But in three cases, the courts still take this interim measure. Read more in the article.

21 February 2020