An employee of Mortadel LLC had her salary increased from 40,000 to 115,000 with an additional 22,000 for traveling on business. The bankuptcy administrator challenged the additional agreement to the employment contract. The appeal satisfied in part, pointing out that the supplementary agreement was concluded after the initiation of bankruptcy proceedings and, accordingly, the reduced standard of proof applies.
Elena Gladysheva, Advocate, Managing Partner of RI-Consulting, in her article about whether the position of the court is justified.
You can learn more about the background of the case and the lawyer's opinion in the publication
15.02.2023
The Supreme Court of the Russian Federation (SC) will decide which payments of a bankrupt citizen may be recognized as alimony for the maintenance of a minor child if no formal agreement on them has been concluded. Lower courts decided that in the absence of a written agreement, the money is not...
12.02.2023
Referred to the Supreme Court Chamber for Commercial Disputes: a dispute to challenge transactions in bankruptcy. Elena Gladysheva, Managing Partner of RI-Consulting, Moscow, discusses what position the Chamber for Commercial Disputes can take. How can it influence the practice? "The institution of...
13.02.2023
The Supreme Court has consolidated the issue of qualification of transactions in bankruptcy proceedings. The application of the concept of "higher standard of proof" must be justified and cannot be applied arbitrarily. Managing Partner of RI-Consulting, Advocate Elena Gladysheva, evaluates the...
