Publication

A third party made a transaction at the expense of the debtor’s property. How to challenge it

A third party made a transaction at the expense of the debtor’s property. How to challenge it

The article describes three steps of an applicant who plans to challenge a third–party transaction in bankruptcy. The subject of proof in such a claim is broader than in the situation of the classic dispute of the debtor's transactions.

10 June 2023

The debtor made a payment in enforcement proceedings. When can it be disputed?

The debtor made a payment in enforcement proceedings. When can it be disputed?

The article contains an algorithm for contesting payments under executive documents. We analyzed proof strategies depending on the type of payment and collected examples of successful cases to help creditors.

06 June 2023

Yury Sbitnev, partner of Exiora Law Firm, commented on the Resolution of the Constitutional Court of the Russian Federation No. 23-P dated May 16, 2023

Yury Sbitnev, partner of Exiora Law Firm, commented on the Resolution of the Constitutional Court of the Russian Federation No. 23-P dated May 16, 2023

In a new resolution, the Constitutional Court of the Russian Federation declared unconstitutional the provisions of paragraph 1 of Art. 250 of the Civil Code of the Russian Federation, to the extent that they are uncertain in terms of the possibility and procedure for the implementation by citizens - participants in shared ownership of the pre-emptive right to purchase a share in the ownership of a dwelling and the land plot on which it is located, in the event of its sale to an outsider from public bidding in the framework of the bankruptcy procedure of a citizen. Instead, the Constitutional Court of the Russian Federation proposed a new algorithm for determining the price and procedure for selling a share in property, despite the existing proposals of the RF Armed Forces. But is there an end to this issue?

05 June 2023

Lawyer of Exiora Law Firm Yulia Testova commented on the changes pending enforcement proceedings

Lawyer of Exiora Law Firm Yulia Testova commented on the changes pending enforcement proceedings

Commentary on the draft amendments to art. 327 Arbitration Procedure Code of the Russian Federation, art. 440 Code of Civil Procedure of the Russian Federation, art. 359 of the Code of Administrative Procedure of the Russian Federation, which regulate the issues of suspension of enforcement proceedings, as well as the norms of the Law "On Enforcement Proceedings".

03 June 2023

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