Publication

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

Why read letters of guarantee

Why read letters of guarantee

Yury Sbitnev, partner at Exiora, explained why it is important to read guarantee letters sent by managers. The information will be useful in case a dispute arises on the transaction.

01 May 2019

Acceptance of works. Directions to employees from the legal department.

Acceptance of works. Directions to employees from the legal department.

Acceptance of works is a critical point in relations associated with a construction contract. The customer should be particularly attentive since a correctly performed acceptance of delivered works (or refusal to accept them) helps to avoid further disputes and expenses. Article 720 of the Russian Civil Code provides that the customer shall within the dates and in accordance with the procedure specified by the construction contract inspect and accept performed works (work product). The article contains five rules to help the customer avoid mistakes when accepting works under a construction contract.

18 April 2019

Combating a debtor’s affiliated creditors in the course of insolvency proceedings: key points of relevant court practice

Combating a debtor’s affiliated creditors in the course of insolvency proceedings: key points of relevant court practice

It is no secret that insolvency proceedings may frequently be used to achieve illegal purposes. Involvement of affiliated creditors in the debtor’s insolvency case serve as an illustration of such activities. Legislation and court practice offer to good faith creditors and insolvency practitioner a number of tools to combat such affiliated creditors.

28 March 2019

The contractor violated the contract. What will help to receive payment under a bank guarantee

The contractor violated the contract. What will help to receive payment under a bank guarantee

The article contains the arguments that banks give in order to avoid payment. Read how to refute them and convince the court that you have fulfilled all the conditions of the guarantee. We figured out which papers will confirm that the bank is obliged to pay. The article also contains conditions that will protect the customer if the contractor is slow to provide a bank guarantee.

19 February 2019

The official receiver has not challenged the debtor’s transactions. When you have the right to recover damages?

The official receiver has not challenged the debtor’s transactions. When you have the right to recover damages?

If the official receiver has not challenged the debtor's transactions, this is a reason to recover damages from him. Courts quite often take the side of the creditor in such cases. How to bring the official receiver to responsibility - in the article published by managing partner Alexey Moroz

12 February 2019

Preemptive right to conclude a contract. Checklist for the tenant

Preemptive right to conclude a contract. Checklist for the tenant

The tenant has the pre-emptive right to conclude a lease agreement for a new term. But it is not always possible to realize this right: a number of conditions must be met. Which - read the article.

05 February 2019

How to recover a debt when a counteragent has no funds to pay from

How to recover a debt when a counteragent has no funds to pay from

A counteragent owes you money, but it does not pay and refers to lack of funds to pay from. You may file a lawsuit and win the case, however, it does not mean that you company will recover the debt owed. The opposite scenario is more likely, and in the course of the trial the counteragent will be able to withdraw the remaining assets. Read on what you offer to the counteragent to pay back the debt without having to resort to court proceedings.

30 January 2019