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BEITEN BURKHARDT organized a business breakfast jointly with German Centre Moscow on the topic "Problematic bankruptcy issues in Russia"
Moscow, 06 June 2019 – A business breakfast was held in German Centre in Moscow on 05 June 2019, where Alexander Bezborodov, Natalia Bogdanova, Nikita Rodionov and Maxim Yuzhakov from BEITEN BURKHARDT spoke on the topic "Problematic bankruptcy issues in Russia".
The speakers focused on the following relevant issues:
- Participation of creditors in bankruptcy cases
- Inclusion of claims in the creditor claims register (timeframe and procedure for the filing of a petition; problematic issues regarding claims for the performance by the debtor of its obligations in Kind)
- Classification of a claim as a current claim (claim arising from a loan agreement, con-tracting agreement and services contract; guarantee obligations; the recovery of dam-ages)
- Protection of the rights of scheduled creditors
- Participation in creditors’ meetings and challenges of adopted decisions
- Challenge of the claims of a scheduled creditor (timeframe and grounds for the chal-lenge; burden of proof)
- Liability of controlling persons
- Latest developments in bankruptcy legislation on subsidiary liability and practical appli-cation of respective amendments
- Recovery of damages in a bankruptcy: special bankruptcy and general civil law grounds
- Contesting transactions in a bankruptcy
- Grounds for a challenge: special bankruptcy and general civil law grounds
- Transactions concluded to satisfy the claims of a secured creditor: transfer of a pledged asset as compensation; payment of money
- Performance by the debtor of the obligation of a third party. Performance by a third party of the debtor’s obligation
- Offset of mutual claims. Balance of mutual consideration
- Fate of secured transactions if the termination of the main obligation is invalidated
- Decisions/judgments of Russian and foreign state courts in bankruptcy cases: is mutual recognition of court orders possible (based on the current judicial practice of Russian courts)?
The event was followed by a lively discussion, with the speakers answering questions of interest to the guests.
BEITEN BURKHARDT organized a business breakfast jointly with German Centre Moscow on the topic Problematic bankruptcy issues in Russia.pdf
Lawyer, LL.M., Ph.D.