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    Legal aspects of the bankruptcy procedure in Russia
    2014-03-26

    The legal regulation of bankruptcy procedures in Russia is actively improving. Evidence of this is the nine federal laws adopted in 2013 which substantially amend Federal Law No. 127-FZ "On insolvency (bankruptcy)" as well as other regulations that deal with bankruptcy regulation. Some of these will come into force during 2014.

    Filed under:
    Russia, Insolvency & Restructuring, Pepeliaev Group, Bankruptcy, Debtor, Balance sheet
    Authors:
    Yulia Litovtseva
    Location:
    Russia
    Firm:
    Pepeliaev Group
    New rules on bankruptcy of developers: making participatory construction safer for participants at the expense of banks?
    2011-09-01

    New Law on "Amendments to the Law on Insolvency (Bankruptcy) and Articles 17 and 223 of the Arbitrage Procedural Code with respect to establishment of special rules for bankruptcy of developers attracting money from participants in construction" was adopted on July 12, 2011 (the "Amendments"). Most of the Amendments were introduced as a special chapter No. 7 named "Bankruptcy of Developers" into the Federal law on Insolvency (Bankruptcy) No. 127-FZ as of 26 October 2002 (as amended) (the "Bankruptcy Law").

    Filed under:
    Russia, Banking, Construction, Insolvency & Restructuring, Herbert Smith Freehills LLP, Bankruptcy, Option (finance), Mortgage loan
    Location:
    Russia
    Firm:
    Herbert Smith Freehills LLP
    Draft procedure developed for entering bankruptcy information in the Unified Federal Register on bankruptcy information
    2011-09-30

    On 19 August 2011, the Ministry of Economic Development of the Russian Federation published on its official website a draft order on establishing the procedure for entering information on bankruptcies in the Unified Federal Register (the "Order").

    Specifically, the Order:

    Filed under:
    Russia, Insolvency & Restructuring, SEAMLESS Legal, Bankruptcy, Federal Register, Economic development
    Authors:
    Karen Young , Konstantin Baranov
    Location:
    Russia
    Firm:
    SEAMLESS Legal
    Legislative Update
    2012-05-17

    Bankruptcy

    On March 5, 2012, new rules came into force for credit cooperatives in bankruptcy proceedings; the new rules feature:

    Filed under:
    Russia, Banking, Insolvency & Restructuring, Dechert LLP, Bankruptcy
    Location:
    Russia
    Firm:
    Dechert LLP
    SCC accepts arbitration ruling in bankruptcy process
    2012-08-10

    On 30 July 2012, the Presidium of the Supreme Commercial Court of the Russian Federation (the “SCC”) released its Review of rulings of the Presidium of the SCC (the “Review”) on major issues of private law for June 2012. In particular, the Review highlights that in bankruptcy proceedings a creditor’s claim upheld by an arbitration ruling may be included in the list of creditors without a writ of execution.

    Circumstances of the case

    Filed under:
    Russia, Arbitration & ADR, Insolvency & Restructuring, Litigation, SEAMLESS Legal, Bankruptcy
    Authors:
    Sergey Yuryev , Igor Sokolov
    Location:
    Russia
    Firm:
    SEAMLESS Legal
    Supreme Commercial Court accepts arbitration ruling in bankruptcy process
    2012-08-31

    On 30 July 2012, the Presidium of the Supreme Commercial Court of the Russian Federation (the “SCC”) released a Review of its rulings of the Presidium of the SCC on major issues of private law for June 2012. In particular, the Review indicated that during bankruptcy proceedings, a creditor’s claim upheld by an arbitration ruling may be included in the list of creditors without a writ of execution.  

    Filed under:
    Russia, Arbitration & ADR, Insolvency & Restructuring, Litigation, SEAMLESS Legal, Bankruptcy, Commercial Court (England and Wales)
    Authors:
    Sergey Yuryev
    Location:
    Russia
    Firm:
    SEAMLESS Legal
    Amendments to Russian bankruptcy and financial laws
    2012-10-01

    On July 28, 2012, Russian president Vladimir Putin gave his imprimatur to Federal Law No. 144-FZ, which amends Russian bankruptcy, financial, and banking legislation with the goal of improving regulations governing asset returns and interim management of insolvent banks. Among other things, the amendments change Russian insolvency law to remove executive compensation and bonuses from the list of priority claims in cases involving insolvent companies.

    Filed under:
    Russia, Insolvency & Restructuring, Jones Day, Bankruptcy
    Authors:
    Mark G. Douglas
    Location:
    Russia
    Firm:
    Jones Day
    ВОЗНАГРАЖДЕНИЕ АРБИТРАЖНОГО УПРАВЛЯЮЩЕГО: ПЛАТА ЗА УСЛУГИ ИЛИ ЗА ОСУЩЕСТВЛЕНИЕ ПУБЛИЧНЫХ ФУНКЦИЙ?
    2013-02-26

    Литовцева Юлия, руководитель группы практики

    разрешения споров и медиации «Пепеляев Групп»,

    кандидат юридических наук

    Filed under:
    Russia, Insolvency & Restructuring, Pepeliaev Group, Wage, Bankruptcy
    Authors:
    Yulia Litovtseva
    Location:
    Russia
    Firm:
    Pepeliaev Group
    Russian Supreme Arbitration Court has explained the rules for paying VAT when an insolvent debtor’s property is disposed of
    2013-02-27

    For the attention of company managers and financial, tax, legal and litigation departments.

    Pepeliaev Group advises of the publication, on 13 February 2013, of Resolution No. 11 of the Plenum of the Russian Supreme Arbitration Court (SAC) dated 25 January 2013 “On paying value added tax when the property of an insolvent debtor is disposed of”. This resolves,  to the benefit of creditors and buyers of bankrupt companies’ property, issues relating to the procedure and regime for paying VAT.

    Filed under:
    Russia, Insolvency & Restructuring, Litigation, Tax, Pepeliaev Group, Bankruptcy, Debtor, Value added tax
    Authors:
    Yulia Litovtseva , Yuri Vorobyev
    Location:
    Russia
    Firm:
    Pepeliaev Group
    Возможно ли опровергнуть факт причинения убытков кредиторам сделкой с заинтересованным лицо?
    2013-04-04

    Постановление Девятого арбитражного апелляционного суда от 19.06.2012

    Участники спора

    Конкурсный управляющий

    ЗАО «Цифровая электроника» ЗАО «Цифровая электроника» (Должник)

    ОАО «СИТРОНИКС» (сторона оспариваемой сделки с Должником, Кредитор)

    Фабула дела

    Filed under:
    Russia, Insolvency & Restructuring, Litigation, Pepeliaev Group, Bankruptcy
    Authors:
    Yulia Litovtseva
    Location:
    Russia
    Firm:
    Pepeliaev Group

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