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13
January
2016

The year 2015: “binding” amendments, the Law on PPP, capital amnesty, and more

The traditional December poll by the EZH-Jurist newspaper of law practice professionals, on to how they viewed the events of the outgoing year, became a demonstration of pluralism rather than unanimity. The experts named a number of important events that occurred in 2015, but these all concerned different legal areas and, unlike as occurred in the year 2012, it proved impossible to define a common favorite. Just as well – the readers of the EZH-Jurist had the opportunity to review all of those, so very different, results.

Business and Life
24
December
2015

Transaero falls into experienced hands

Last week the first stage of the bankruptcy procedure was launched against Transaero Airlines. The Arbitration Court of St. Petersburg granted a bank’s request to place Transaero under external monitoring, and appointed Mikhail Kotov as its interim manager. Mikhail, who has participated in over 30 bankruptcy cases, is a prominent court-appointed receiver.

Gazeta.ru
17
December
2015

Vodokanal is seeking bankruptcy for Yuri Pogiba

Vodokanal Rostov-on-Don JSC is seeking to recognize as bankrupt, individual entrepreneur Yuri Pogiba. The debt was created as charges for connecting two residential buildings in the Leninsky District of Rostov.

Gorod N
9
December
2015

Mikheev is no longer a competitor of Abramovich

The Arbitration Court declared Russian State Duma Parliamentarian Oleg Mikheev and his wife Tatiana bankrupt. In our region, this is the first time that an individual has been declared bankrupt. It is hard to believe that, seven years ago, Oleg Mikheev was listed among the Top-20 richest real estate magnates, and shares of his Diamant GC were selling higher than those of Millhouse Capital run by Roman Abramovich.

Volgograd Pravda.Ru
7
December
2015

Bankruptcy without “Sistema”

Monitoring of the bankruptcy of Sigma Capital Partners LLC, in the near future, will be transferred almost entirely to the Sulby Holdings Corp, which in 2010, the owner of the SMARTS Company Gennady Kiryushin called “friendly”. Sulby Holdings Corp had bought up all the rights of demand to all debts issued by creditors to Sigma Company, except for moneys owed to the taxation administration. The total amount of purchased claims amounts to about 7 billion roubles. We should note that the SMARTS Company and Sigma have been engaged in a court battle for the past ten years. Sigma is holding as collateral a block of shares in the SMARTS Company, and it was to gain control of this latter, according to experts, that all these measures had been taken.
Kommersant (Samara)
2
December
2015

Mikheev couple agrees on bankruptcy

The Arbitration Court of the Volgograd Region has begun consideration on merits of the bankruptcy case of State Duma parliamentarian Oleg Mikheev and continues its consideration of the bankruptcy case of his wife Tatiana.

Volgograd Pravda.Ru
27
November
2015

Individuals can now go bankrupt

A law on personal bankruptcy has come into force in Russia, and since that time, already in the Samara Region the Arbitration Court has received about a hundred requests for the bankruptcy of individuals, with the majority of these appeals coming from the debtors themselves. Although several petitions against individuals were also launched by the banks. However, according to some experts, credit institutions, for the time being, have taken a wait-and-see attitude. In general, representatives of the banking sector, questioned by Kommersant-Bank, and lawyers have positive opinions of this new law, although they have noted that there are some controversial points, and the document is still subject to new amendments.
Kommersant (Samara)
20
November
2015

Experts warn about the “pitfalls” of the law on taking away a business from debtors

The Russian Ministry of Economic Development is preparing draft amendments to the bankruptcy law, which would give creditors the right to take over a corporate debtor by the forced conversion of their debts into shares, writes the newspaper Vedomosti, citing three officials and businessmen involved in the discussion of this document.

Pravo.ru
28
December
2015

Regulating the self-regulated

Just before the New Year, the State Duma and the Federation Council presented a gift to the bankruptcy industry – toughening of requirements for liquidators and making bankruptcy proceedings potentially more expensive. Business associations’ experts note that these amendments correspond to the trend to an increasing role being played by the state in the self-regulating sector.

Kommersant. Money
23
December
2015

A Bankrupt Man – A New Year’s Surprise

Many families in Russia have taken on mortgages. One family found itself on the verge of bankruptcy due to a mortgage denominated in a foreign currency. Against the background of this trend, increasingly important is becoming the question of – how do I remain “afloat”, if bankruptcy law shows no mercy to individuals and poorly tolerates uncertainty, while, at first glance, a favourable proposal can tie your hands for a long time.

Kommersant. Money
16
December
2015

World coming to the aid of VCS

Volgograd Region Arbitration Court began its consideration of a claim filed by more than 50 creditors of the Municipal Unitary Enterprise Volgograd Communal Services (MUE VCS).
Volgograd Pravda.Ru
7
December
2015

The claim to have Mikhail Paramonov declared bankrupt will be considered in December

The Arbitration Court of Rostov Region has accepted for consideration the claim to declare bankrupt Mikhail Paramonov, former owner of TagAZ. The claim was by filed by a subsidiary of Sberbank – the Southern Automobile Group. Mr. Paramonov acted as the guarantor for the loans taken out by this manufacturing plant, and the plaintiff is now trying to recover more than 4 billion roubles from the entrepreneur. A lawyer in the case noted that the defendant's residency status being outside the country could delay this case, but if in the course of the trial, it is proven that Mikhail Paramonov has been evading repayment, he may be declared as bankrupt with unpaid debts.

Gorod N
3
December
2015

Oleg Mikheev enters insolvency

Yesterday, the Arbitration Court of the Volgograd Region began bankruptcy proceedings against the regional leader of the Fair Russia Party and State Duma parliamentarian Oleg Mikheev. The claim to have Mr. Mikheev declared bankrupt was filed with the regional arbitration court by Zarina LLC. The total amount of claims against the parliamentarian, according to the Court documents, could reach 9.5 billion roubles. According to the experts, Mr. Mikheev will attempt to “write of” the majority of his debts.
Kommersant (Volgograd)
1
December
2015

Are contributions to be paid on compensation for the travel

“We pay employees compensation for travel. These amounts are small, and so, as not to argue with the SIF Fund about taxable benefits, we calculated contributions based on these, and included this in the calculation of earnings for benefits. Now we have asked for reimbursement of benefits, but the Social Insurance Fund has refused us. And all because of these compensations. The fund requires us to use benefits that we do not need. And says that we have no right to pay contributions on compensation. Now we have to recalculate everything, redo the financial reports, etc. Is there another way out?” 
Accounting. Taxes. Law
24
November
2015

Salaries must be paid, even if a company is declared bankrupt

The company was declared bankrupt and is now at the stage of bankruptcy proceedings. However, not all employees have been laid off, and some work is still being performed, but due to a shortage of cash, the wages are being paid irregularly. Should the employer have to pay compensation for salaries that went into arrears during the period of bankruptcy proceedings, or just a percentage, in accordance with Article 236 of the Russian Labour Code, can be paid at the time of final settlement with the staff upon conclusion of the bankruptcy proceedings? – Asks Maria Rotanova via the website tspor.ru.

Trudovye Spory (Labour disputes)
9
November
2015

Parliamentarian suffers through financial bankruptcy

Volgograd Region Arbitration Court has postponed, for one month, the consideration of the claim made by Promsvyazbank Bank against Tatiana Mikheeva, the wife of Oleg Mikheev, State Duma representative from the Fair Russia Party. The bank is seeking to recognize the parliamentarian’s wife as bankrupt. Two cases with similar requirements were previously launched against Mr. Mikheev himself. In one of these cases, the application has already been withdrawn by the plaintiff (private individual), and the consideration of the second case was also postponed. Oleg Mikheev told Kommersant that “in any case, this procedure will take place”, which he considers a “normal economic activity”, and expressed confidence that going through a bankruptcy will not hurt his future political career.

Kommersant (Volgograd)
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