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A creditor filed a claim against the legal entity debtor and the individual surety

Rodion Smirnov, Advocate of the Law Firm "YUST", drew up an article for the Arbitration Practice for Lawyers magazine
01.01.2016

Bankruptcy of individuals: mutual dissatisfaction?

Advocate Maxim Rovinskiy, Head of the Tax and Customs Law Practice, and Advocate Vasily Raudin, Head of the Bankruptcy Group, both of the Law Firm "YUST", wrote an article, for the Banks and the Business World magazine, on mediation as a way towards a conscientious mutually acceptable solution based on a consensus between the parties to the dispute.
13.08.2015

The honesty criterion in contestation of the debtor’s deals in bankruptcy cases

Advocate Vasily Raudin, Head of the Bankruptcy Group in the Law Firm "YUST", for the Commercial Law magazine.

16.12.2014

The judges added on their explanations

An article by specialists of the Law Firm "YUST": - Senior Partner, Advocate, Doctor-at-Law Artem Kukin and Advocate Vasily Raudin – on the Resolution No. 56 “On making amendments and additions to the resolution No. 63 “On certain matters related to the application of Chapter III.1 of the Federal Law “On insolvency (bankruptcy)”” by the Plenum of the Higher Court of Arbitration of Russia dated 23.12.2010” by the Plenum of the Higher Court of Arbitration of Russia dated 02.07.2013 was published in the “Corporate Lawyer: practicum” magazine.
26.09.2013

Expansion of the creditors’ claims list. How to counter the abuses by interested persons

An article by lawyers of the Law Firm "YUST" – Partner, Advocate Artem Kukin and Vasiliy Raudin – on topical problems of bankruptcy was published in the issue No. 3/2013 of the “Arbitration Practice” magazine.
19.03.2013

Bankruptcy of the debtor and the creditors’ risks

An article by Artem Kukin, Partner of the Law Firm "YUST", was published at The Moscow Times newspaper. It describes the main problems faced by the creditors, when the debtor goes through the bankruptcy procedure.
18.12.2012

Bankruptcy: what the lawmaker and the higher court instances do no mention

Advocate Artem Kukin, Partner of the Law Firm "YUST", and Vasiliy Raudin, Lawyer of the Firm, told RAPSI of the latest business and court practice in the sphere of bankruptcy. They paid special attention to gaps and inconsistencies in the legislation faced by business in 2013.

Awkward wording of the bankruptcy law

Gaps of the Russian bankruptcy legislation leave the creditors without protection from the ill-faith debtors, who withdraw their assets prior to the bankruptcy. Even when the procedure is already initiated, money flows to the affiliated creditors, and the courts take the simplest position, which is formally legal, but is against the very essence of the law. Advocate Artem Kukin, Doctor at Law, Partner of the Law Firm "YUST", told Prime Agency of Economic Information of these and other offences frequently committed in Russia in the course of bankruptcy as well as of the ways to fight them in an interview.

Bankruptcy procedures of joint and several debtors

Currently the creditor, who has claim rights towards joint and several debtors, faces a number of difficulties when exercising his rights within the framework of bankruptcy procedure. Such difficulties originate from the fact that bankruptcy legislation does not govern such situation specifically. The judicial authorities also apply a variety of approaches. Is the creditor entitled to initiate bankruptcy proceedings against all joint and several debtors or only against one of them? How do the rights of the creditor and of the surety regarding the debtor, who has partially settled the debt, correlate within the framework of bankruptcy proceedings? Specialists of the Law Firm "YUST" – Partner, Advocate Artem Kukin and Lawyer Rodion Smirnov – answer these and other questions in the article “Bankruptcy procedures regarding joint and several debtors” (“Corporate Lawyer” magazine, No. 5, 2012).