Publication

Limits of the exercise by a bankrupt citizen of the right to have a representative other than a financial manager

Limits of the exercise by a bankrupt citizen of the right to have a representative other than a financial manager

In cases of bankruptcy of citizens, the issue of protecting interests arises in several planes. On the one hand, a citizen is interested in observing his rights within the framework of bankruptcy, on the other hand, a financial manager is interested in filling the bankruptcy estate. At the same time, a citizen has the right to resort both to self-defense and to the help of a representative to protect his rights. Judicial practice is ambiguous about the resolution of this competition, but an unambiguous solution in this situation can be found by resorting to corporate norms by analogy. Let's consider this situation in more detail.

28 May 2023

Yuri Sbitnev, partner at Exiora, commented on the Review of Judicial Practice in Resolving Insolvency (Bankruptcy) Disputes for 2022

Yuri Sbitnev, partner at Exiora, commented on the Review of Judicial Practice in Resolving Insolvency (Bankruptcy) Disputes for 2022

At the end of April, the Presidium of the Supreme Court of the Russian Federation approved a thematic review summarizing the judicial practice of resolving insolvency (bankruptcy) disputes for 2022. EZH-Lawyer asked experts to highlight the main positions worth paying attention to. Yuri Sbitnev, Exiora's partner, commented on point №3.

14 May 2023

Subordination of current requirements: possible enforcement models de lege lata

Subordination of current requirements: possible enforcement models de lege lata

In the material, we will examine whether the current law enforcement allows extending the mechanism of subordination in relation to current claims to the priority of satisfying the claims of persons controlling and affiliated with the debtor.

07 May 2023

Inheritance with a bankrupt element: its status, consequences and current jurisprudence

Inheritance with a bankrupt element: its status, consequences and current jurisprudence

In case of bankruptcy of the estate, all property included in the inheritance and all debts of the testator are accumulated. However, within the framework of such disputes, ancillary disputes are likely to arise, related to debt restructuring, executive immunity, insurance payments and the establishment of the debtor's good faith. Let's see what the case law says about this.

28 April 2023

Challenging an agency agreement in bankruptcy: problems and judicial practice

Challenging an agency agreement in bankruptcy: problems and judicial practice

Due to the specifics of its design, the agency agreement is widely used in commercial activities. In case of bankruptcy of such companies, arbitration managers are faced with the need to challenge them in order to replenish the bankruptcy estate. In the material, we will consider various situations in which such a challenge is possible, as well as situations in which it is complicated by a number of factors.

20 April 2023

The lawyer of the Exiora Law Firm commented on the amendments to paragraph 3 of Article 453 of the Civil Code

The lawyer of the Exiora Law Firm commented on the amendments to paragraph 3 of Article 453 of the Civil Code

Retroactivity of termination or modification of the contract: lawyers commented on the amendments to the Civil Code.

01 March 2023

Do the general provisions of the contract apply to procedural agreements?

Do the general provisions of the contract apply to procedural agreements?

The judicial procedure, focusing on the adversarial nature, still provides the parties with a chance to settle differences or the procedure for considering the dispute by concluding procedural agreements at various stages of the judicial conflict. However, procedural codes, unlike judicial practice, do not fully disclose the nature of such agreements. In the material, we will consider the features of certain types of procedural agreements, as well as a few judicial practices on this issue.

19 February 2023

The Federal Tax Service of Russia approved the procedure for conducting verification of the accuracy of information included or included in the Unified State Register of Legal Entities

The Federal Tax Service of Russia approved the procedure for conducting verification of the accuracy of information included or included in the Unified State Register of Legal Entities

From February 20, an order will come into force that regulates the grounds, conditions and methods for conducting verification of the accuracy of information included or included in the Unified State Register of Legal Entities, as well as new application forms used when entering information into the Unified State Register of Legal Entities. The experts highlighted the key points of the document.

17 February 2023

Yury Sbitnev, Partner at Exiora Law Office, commented on Resolution of the Constitutional Court of the Russian Federation No. 6-P dated February 7, 2023

Yury Sbitnev, Partner at Exiora Law Office, commented on Resolution of the Constitutional Court of the Russian Federation No. 6-P dated February 7, 2023

Experts commented on the key conclusions of the Constitutional Court of the Russian Federation set out in Resolution No. 6-P dated 07.02.2023 to the EZH-Yurist newspaper.

16 February 2023

Estimated damages in court practice and recommendations for their registration in the contract

Estimated damages in court practice and recommendations for their registration in the contract

The article examines how judicial practice understands pre-assessed damages and how they can be formalized in a commercial contract.

19 January 2023