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German manufacturer of condoms for Russians went bankrupt

The factory CPR GmbH from the Lower Saxony, which produced contraceptives, declared insolvency. German experts call anti-Russian sanctions the main ground for this. Lawyer Karina Schwartz has been appointed an interim manager in the case. The company, founded in 1987, annually produced up to 200 million contraceptives. Moreover, Russia was one of the main export destinations. Deliveries to it reached 25% of the total sales volume. Experts suggest that this factor could have caused the bankruptcy...

NATIONALIZATION IN BANKRUPTCY: TRADE UNIONS TAKE THE INITIATIVE

The Federation of Independent Trade Unions of Russia came up with an initiative to nationalize bankrupt enterprises in order to save jobs in a crisis situation in the company. The idea was voiced the day before by FITU chairman M.V. Shmakov as part of a report at a meeting of the General Council of the organization. In his speech , the head of the federation noted that at the moment the issue of creating jobs should become one of the key areas of the state economic policy. According to Shmakov...

Supreme Court of Russia put an end to the case with the omission of the procedural time limit

The Economic Board considered a case on the challenging of the court decision, which recognized the multimillion-dollar debt of an insolvent legal entity in favor of a third company, by one of the creditors (tax authority). The court of appeal and the district court refused to consider the complaint due to the fact that a one-month procedural time limit had been missed missed. The disputed debt to the company was formed on the basis of a contract agreement, according to which the bankrupt accepted...

Supreme Court of Russia indicated the case of abolition of subsidiary liability

The Economic Board of the Supreme Court of Russia considered a dispute on bringing the head of debtor to subsidiary liability. The reason was the failure to transfer the company's documentation to the bankruptcy trustee, which significantly hampered the latter's activities related to the bankruptcy process. The court of first instance satisfied the claim, citing formal grounds, but the court of appeal cancelled the decision and noted that in the case under consideration, brining the head of debtor...

Borgward car brand has filed for bankruptcy

The bankruptcy process of Borgward Automobile began in China - the owner of company is the Chinese automaker Foton Motor. The company's appeal has already been submitted to the court of Beijing. The idea to apply to the court on April 8 was supported by the company's shareholders. It is assumed that the organization, registered on the territory of Germany, will be liquidated, unless a miracle happens and the Borgward trademark is not redeemed by any interested investor. The legendary brand of...

Is it possible to challenge the set-off of claims in the debtor's contractual relationship?

The Supreme Court of the Russian Federation considered the case of challenging the agreements on set-off of claims that arose between the contractor and the customer. The courts of three instances considered this to be a preference, but the economic board did not come to such a conclusion. The initiator of the process was the bankruptcy trustee of the debtor company, which, in turn, performed contract work under the contract. As part of legal relations, just before the bankruptcy of the contractor...

Constitutional Court of the Russian Federation indicated when it is impossible to recover wages in bankruptcy

The complaint of a citizen who expressed disagreement with the norm of the Civil Procedure Code on reversing the execution of a court decision was submitted to the Constitutional Court for consideration. The man collected wages from the employer company, but after that the amount was reduced by the courts due to the bankruptcy of the organization. The applicant worked in the company for more than a year. By the court order he collected a salary debt from the company, but after that the company...

WIRE PRODUCING PLANT WENT BANKRUPT IN ORYOL

The Arbitration Court of the Oryol Region made a decision to declare the insolvency of Prommetiz Rus LLC. The company is engaged in the production of wire. The day before, a bankruptcy procedure was introduced against the company, and a bankruptcy trustee was appointed. Tax inspectorate acted as the initiator of the bankruptcy process, the debt to which exceeded 8 million rubles. Among the grounds for collection of funds, there were both property tax for 2019 and a number of insurance premiums...

Supreme Court of Russia puts an end to the case on the subordination of the restitution claim

The case was considered by the highest court at the request of the debtor, who was dissatisfied with the decisions of the lower courts. The claims for the inclusion of a restitution claim in the register of creditors’ claims, filed by one of the creditors, were subordinated by the first instance, but the court of appeal and the district court cancelled the order. Having considered the issue, the Supreme Court of the Russian Federation supported the position of the court of first instance. There...

Covid-19 caused cancellation of two judicial acts

The case on the complaint of an individual, whose appeal to accept additional evidence was rejected, was referred to the highest court of Russia. The district court subsequently made a similar decision, but the Supreme Court of the Russian Federation did not agree with this position. The question concerned a bankruptcy case, in the framework of which the liquidator was challenging a number of money transactions made to the applicant during a period of suspicion. The anti-crisis manager considered...

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