CEE Legal Matters, 23.11.2015
"Kachkin & Partners Successful for Cres Group in Russian Dispute"
St. Petersburg TV channel, 28.01.2015
"Car dealer "Laura" declared bankruptcy of the store in Kupchino"
Construction Weekly, 26.01.2015
“Bankruptcy will increase”
BN-TV, 19.12.2014
"Individuals' bankruptcy to come ahead of time"
Delovoy Peterburg, 11.11.2014
"They're trying to collect 1,14 bln roubles from "LenSpetsStroy"  
Delovoy Peterburg, 06.11.2014
"Bankruptcy cases tend to get closed more often in St. Petersburg due to the lack of money for carrying out this procedure"  
Delovoy Peterburg, 30.10.2014
"St. Petersburg debtors have learned to control the bankruptcy procedure"  
Economics and life, 24.10.2014
"A bankrupted company filed for its debtor's bankruptcy: would the court satisfy the claim?"  
Fontanka.ru, 06.10.2014
"Federal Antimonopoly Service has been involved into the fight for the land plot at Robespierre embankment"  
Delovoy Peterburg, 29.09.2014
"Fake bankrupt"  

Страницы

04.07.2019
Kachkin & Partners experts presented the law enforcement practice novels when considering bankruptcy disputes at the Business Finance Academy seminar
31.05.2019
Can a loan be the cause of bankruptcy: the cassation sent for review the case of subsidiary liability of “Mostostroy No. 6”, OJSC
07.08.2018
Alexandra Ulezko joined the Expert Council of the “Credit Organization Legal Work” magazine
18.12.2013
Kachkin & Partners at the annual forum “Legal year of 2013 review: laws and business”
04.07.2013
Kachkin & Partners protected interests of an architectural-design bureau during its client’s bankruptcy process
08.12.2011
Experts of Kachkin & Partners took part in the forum "Legal year in review"
21.09.2011
Kirill Saskov, a partner at Kachkin and Partners became a moderator of a round table discussion at the III Banking Forum
Legal support for the business pursuits of the largest enterprise in the CIS engaged in the research, development and production of industrial- and scientific-purpose X-ray equipment on the issue of agreement performance in connection with the counterpart
Protecting the interests of an architectural-design bureau during its contractor’s bankruptcy process
Representing the interests of a major importer of fish and seafood in a dispute with a bankrupt company seeking to have a deal declared void
Holding a bankrupt company’s general director to subsidiary liability for more than 12 mln rubles
Legal advice on a land plot purchase to a residential housing leader
Legal support of a consumer credit cooperative in the process of its member insolvency
Defending client’s interests in a dispute over the collection of back debt in an amount exceeding EURO 300 K
Legal support for a client during a debtor’s bankruptcy procedure and the recovery of accumulated debt
Protecting the interests of an owner of companies being liquidated

Holding a bankrupt company’s general director to subsidiary liability for more than 12 mln rubles

Kachkin & Partners’ attorneys represented the interests of the owner of a class-A cold-storage warehouse spanning a total area of 32,500 m2 in a dispute with an unscrupulous management company tasked with handling all payments coming from the warehouse’s renters. The firm’s client, Cres Group, had decided to terminate the agency relationship, at which point the management company had refused to transfer the funds due and owing to our client for the use of its premises.

Experts from Kachkin & Partners’ Corporate and Dispute Resolution Practice secured the recovery from the management company of the amounts that it had been wrongfully withholding, plus penalties for overdue payments. The judges dismissed our opponent’s counterclaims seeking the recovery of damages for unilateral termination of the agency agreement.

Unfortunately, the litigation didn’t end there, insofar as enforcement proceedings were unsuccessful in locating debtor assets for the purposes of at least partially satisfying Cres’ claims. The firm’s experts suggested that the client initiate bankruptcy proceedings against the management company, whose scope involved the filing of an application seeking to have the company’s general director held to subsidiary liability. The dispute was complicated by the general director’s arguments to the effect that all of the debtor’s business records had been seized from him by investigative agencies in the course of a search conducted within the scope of a criminal case. This made it significantly more difficult to prove the general director’s fault in the company’s insolvency and failure to discharge the applicable requirements of bankruptcy law.

Judges at the first and appellate instances ruled in favor of the general director. Despite this setback, the cassation court sided with the arguments presented by Kachkin & Partners’ experts to the effect that the lower courts had failed to adequately evaluate the prudence.