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Judical practices and cases

27 June 2017

Bankruptcy Disputes

Результат:

The claim declared well pleaded

Point of argument

Recovery of damages from the debtor, declaring bankrupt and opening of bidding for the sale of property.

Plaintiff’s case

The client was a wholesaler of pharmaceutical products, including raw materials. Signed a sales agreement with a manufacturing company (Defendant), according to which the Supplier was obliged to deliver the specified goods on time, and the buyer, in turn, to pay. Previously, the Supplier had already applied to commercial courts, which obliged to recover the amount from the buyer. No payment followed. The creditor company filed a new complaint demanding to recover funds for the supply of raw materials, the cost of the court fees and to appoint a bankruptcy manager to sell the property at auction.

Defence

At the time of signing the contract, the Defendant was declared bankrupt, which he failed to notify his partners. Evidence of debt repayment was not provided.

Problem solution stages

  • preparation and filing of a bankruptcy petition and related documents in court;
  • representation of the Plaintiff’ interests in court.

Court judgement

With the help of the legal bureau lawyers, the court declared well pleaded the creditor’s claims for the debtor’s insolvency (bankruptcy) in the simplified procedure. The court considered the proposed candidacy of the bankruptcy manager, approved it and opened a liquidation procedure against the debtor.

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