Recovery of income from property under invalid transaction: instruction for the creditor
In the April issue of the Arbitration Practice for Lawyers magazine, managing partner of the law company YUKO Yulia Ivanova talked about an algorithm of actions that will help creditors not only return the debtor’s property to the bankruptcy estate, but also recover the income received by an unscrupulous counterparty:
-when it is appropriate to claim the recovery of unjustly received income,
– in which court to file a claim,
– how to determine the period for calculating income from the use of the debtor’s property,
– how to calculate the amount of income from the use of the debtor’s property,
– what expenses are deducted from the amount of unjustly received income,
– what is the statute of limitations for the court to apply.
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