Timeline - Presentation by Dmitry Yakushev (video available in Russian language)
0:00 – Introduction. Distinguishing between limitation periods depending on the version of the Law “On Bankruptcy”. Obvious is not obvious
1:54 – Court’s refusal to apply the limitation of action period as a sanction for unfair conduct. Detailed analysis of Resolution of the Presidium of the Supreme Arbitrazh (Commercial) Court of the Russian Federation dd. November 22, 2011 N 17912/09, which marked the beginning of taking of such an approach by courts
6:07 – Examples of cases of application of the legal mechanism in bankruptcy cases. Various reasons for the refusal to apply the limitation of action period
8:35 – Another notable legal precedent. The tough stance taken by the court in a legal entity’s bankruptcy case. A limitation of action period is not applicable because as a result of acts of the person controlling the debtor interests of tax authorities were affected
9:58 – Conclusion. Identification of the cause-and-effect link between the person controlling the debtor and the bankruptcy. General recommendations for handling cases featuring the limitation of action period