Publication

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

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