Proceedings in a bankruptcy case revealed a prenuptial agreement provision that allowed the debtor, at his sole discretion, at any time foreclose from the bankruptcy estate three-quarters of the property by submitting a petition for a divorce with his spouse. After the divorce petition was submitted, the debtor's financial receiver filed a claim into the court that a separate provision of the ...
As part of the bankruptcy case of a major construction company, the debtor's controlling entities were held vicariously liable for the company's obligations. However, while the application for bringing the debtor's controlling entities to vicarious liability was being considered, the courts in concurrent disputes granted the applications of new creditors for inclusion in the register, thereby ...
Secondary liability claims for RUB 900 million were filed against a director of a group company. Our Law Firm intervened in the case in 2019. By the time, the dispute had lasted for a year and a half, and included 4 secondary liability claims. The Administrator successfully challenged a number of the debtor’s transactions. Later, the fifth claim was filed. As a result, the court considered a b...
The client of KIAP, an ex-top manager of a large construction company, is the defendant in the case of bringing him to subsidiary liability in the bankruptcy case of a construction company. In this case, the interests of the Principal are also represented by the KIAP lawyers.
A number of persons decided to take advantage of the company's bankruptcy situation, falsified documents for...
In the course of a bankruptcy case of a large tour operator KIAP lawyers managed to prove the existence of legal grounds for bringing the former CEO to liability for the debts of the company – CEO did not transfer any documents on the company’s activity to insolvency officer, which precluded to form an insolvency estate.
During the proceedings KIAP lawyers succeeded in ensuring proper n...
On September 24, after a number of court hearings in the bankruptcy case at the Moscow Region Arbitration Court, KIAP lawyers managed to prove the legitimacy of the interests of the owners of a large distributor of climate equipment in a dispute over invalidating purchase and sale contract for warehouse property worth 115 million rubles.
The plaintiff referred to the conclusion of the c...
KIAP, Attorneys at Law, have represented the interests of a former top-manager of a large trading network in a dispute regarding his vicarious liability in the bankruptcy case for the debts of the company. The sum of creditors’ claims exceeded 11 billion rubles.
Despite opponents’ arguments about the presence of losses and misconduct on the side of the top managers, KIAP lawyers suc...
The litigation was over vicarious liability damages sought from former top managers of a bankrupt corporate debtor in bankruptcy proceedings.
The Firm succeeded in demonstrating no wrongdoing by the company's former management, and the courts at all instances, including the Federal Arbitrazh (Commercial) Court of Moscow Okrug, denied the liquidator's claim in its entirety.
The...
The litigation was over damages under vicarious liability sought from former top managers of a bankrupt corporate debtor in bankruptcy proceedings.
The Firm succeeded in clearing the company's former management of wrongdoing, with the Commercial Court of the city of Moscow rejecting in its determination the claim from the official receiver in its entirety.
The case was...