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The contractor provided poor quality services. How can a customer get their money back
The contractor provided poor quality services. How can a customer get their money back
Services upon acceptance are more difficult to verify than goods or works. In addition, they are usually not described in such detail in the contract. Therefore, it is more difficult for a client who is dissatisfied with the quality of services to prove the shortcomings. From the article you will learn how a customer can challenge the quality and volume of services provided, reduce the amount of payment under the contract, and also recover fines and losses from the contractor. Read what to do with a client if you don't like the way the service is delivered.
07 February 2020
Objective bankruptcy. How to determine its onset
Objective bankruptcy. How to determine its onset
In order to hold the controlling person liable, it is important for the creditor to prove when the objective bankruptcy of the debtor occurred. Lawyer of JSB "Eksiora" told what criteria would allow to establish this moment.
10 January 2020
What should a creditor do when the debtor withdraws assets?
What should a creditor do when the debtor withdraws assets?
Winning a lender in court does not mean that they will get their money back. Only 25 percent of debtors voluntarily pay according to the writ of execution of arbitration courts. Others do not want to repay their debts and try to get rid of their property before foreclosure. For example, they sell it at low prices to friendly companies. Enforcement proceedings in such cases are ineffective, and it is expensive and time-consuming to use bankruptcy mechanisms. Read how a lender can counteract the debtor's unfair ways of preserving their assets.
18 December 2019
Agreement on innovation. Benefits that lawyers ignore
Agreement on innovation. Benefits that lawyers ignore
The contractor violated the contract: he did not pay for the goods, works or rent, delivered the defective goods or did not bring it at all, did not provide the promised services. Before writing a claim and going to court, invite the counterparty to enter into a novation agreement. This way you will keep the relationship with the counterparty and will be able to receive a larger amount from him.
10 October 2019
The company bought the movable property in the pledge. When it will be taken away or removed from the encumbrance?
The company bought the movable property in the pledge. When it will be taken away or removed from the encumbrance?
The law does not oblige to make an entry on the pledge of movable property in the register, so buyers may not know that they have purchased a thing with an encumbrance. Read in which cases the buyer and the mortgagee will not be able to keep the property, and take into account their mistakes in your practice.
09 September 2019
In connection with the illegal actions of the bailiff, losses were caused: in what cases will it be possible to get compensation?
In connection with the illegal actions of the bailiff, losses were caused: in what cases will it be possible to get compensation?
This article is devoted to the issues of compensation for damages incurred as a result of illegal actions of the bailiff. The author analyzes the most common types of violations and prospects for protecting the rights of the creditor
16 August 2019
Five schemes for the recovery of property from-under pledge. How to protect the pledgee
Five schemes for the recovery of property from-under pledge. How to protect the pledgee
Courts have identified five popular schemes used by the pledgers to withdraw the property from-under pledge. The article analyzed each of them and gave advice on how to protect the pledgee from unscrupulous debtors.
23 July 2019
The bank made a mistake. When the client can recover damages from him
The bank made a mistake. When the client can recover damages from him
Illegal actions of the bank in transactions with the company's accounts may entail large losses for it. Alexey Moroz, Managing Partner of AB "Exior", told how to act in specific situations.
01 July 2019
Subordination of Claims of the Debtor in Bankruptcy: How to Take Account of Claims without Counter-Submission by the Creditor?
Subordination of Claims of the Debtor in Bankruptcy: How to Take Account of Claims without Counter-Submission by the Creditor?
Case Comment on the Judgment of the Chamber for Commercial Disputes of the SC RF No. 305-ЭС18-11840, 26 November 2018. The author raises the issue of judicial protection limits for the property interests of the parties under an unfulfilled reciprocal contract in the face of bankruptcy of one of the counterparties. He argues for limiting the rights of creditors under such obligations to ensure a balance of interests of all participants in the bankruptcy procedure.
17 June 2019
Employees received payments before a debtor company was held insolvent. When can these payments be disputed?
Employees received payments before a debtor company was held insolvent. When can these payments be disputed?
Bankruptcy assets are often reduced due to payment of golden parachutes and other payments made in favor of debtor company’s employees. In her article, Tatiana Ivanova explains when courts held such transactions to be invalid.
27 May 2019
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