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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
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
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