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Rulings in insolvency cases of a legal person

28.05.2021. Judgment of the Department of Civil Cases, case No SKC-593/2021 Members of a cooperative society as interested persons vis-à-vis the debtor; Contestability of barter transactions in insolvency proceedings

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28.05.2021. Judgment of the Department of Civil Cases, case No SKC-593/2021 Members of a cooperative society as interested persons vis-à-vis the debtor; Contestability of barter transactions in insolvency proceedings

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12.01.2021. Judgment of the Department of Civil Cases, case No SKC-71/2021 On the day of the declaration of insolvency proceedings stops the increase of contractual interest and contractual penalty and the statutory interest for late payment

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12.10.2021. Judgment of the Department of Civil Cases, case No SKC-9/2021 Quality assurance of construction works in case of insolvability of the builder

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25.02.2021. Judgment of the Department of Civil Cases, case No SPC-7/2021 Observing a request for corroboration in part

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26.04.2021. Decision of the Department of Civil Cases, case No SPC-6/2021 Duty of the administrator to indicate in the plan for the sale of property all items of property belonging to the debtor, irrespective of his or her opinion regarding the worthlessness of the relevant property item; Duty of the administrator to independently evaluate all the information at his or her disposal and to turn to law enforcement authorities on his or her own initiative, disclosing facts in the insolvency proceedings that may be the basis for initiating criminal proceedings

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14.09.2021. Judgment of the Department of Civil Cases, case No SKC-3/2021 (CHANGE OF CASE-LAW) Retention amount as an object not recoverable in insolvency proceedings; Unfair denial to satisfy a claim due to a formal breach of the time limit for the claims of creditors (CHANGE OF CASE-LAW)

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14.09.2021. Judgment of the Department of Civil Cases, case No SKC-3/2021 (CHANGE OF CASE-LAW) Retention amount as an object not recoverable in insolvency proceedings; Unfair denial to satisfy a claim due to a formal breach of the time limit for the claims of creditors (CHANGE OF CASE-LAW)

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18.06.2020. Judgment of the Department of Civil Cases, case No SKC-519/2020 Compliance of the actions of a member of the board of a commercial company with the principle of good faith in case of failing to submit a creditor's claim for the benefit of the company in his or her insolvency proceedings of a natural person

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29.01.2020. Decision on Ancillary Complain of the Department of Civil Cases, case No SKC-426/2020 Ability to inherit the obligations of a member of the board of directors of a company; Impossibility of assumption of rights if the defendant – member of the board of directors of a company – has deceased during the proceeding

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02.06.2020. Judgment of the Department of Civil Cases, case No SKC-58/2020 Enforcement of a commercial pledge depending on the status of the pledged rights to claim

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17.09.2020. Decision of the Department of Civil Cases, case No SPC-27/2020 Handling confiscated criminal assets (proceeds from crime); Confiscation of criminal assets (proceeds from crime) in proceedings of insolvency of a credit institution

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17.09.2020. Decision of the Department of Civil Cases, case No SPC-27/2020 Handling confiscated criminal assets (proceeds from crime); Confiscation of criminal assets (proceeds from crime) in proceedings of insolvency of a credit institution

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16.12.2019. Judgment of the Department of Civil Cases, case No SKC-294/2019 Action of administrator of insolvency proceedings regarding invalidation of a pledge agreement

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03.10.2019. Judgment of the Department of Civil Cases, case No SKC-185/2019 Disputing the decision of the shareholders of a company regarding paying out of dividends in case of insolvency of the company

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12.06.2019. Judgment of the Department of Civil Cases, case No SKC-154/2019 Recovery of damages on the basis of Section 72.1 of the Insolvency Law

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13.06.2019. Decision of the Department of Civil Cases, case No SPC-11/2019 Duties of the court if the legal protection proceedings has been reinitiated in respect of the debtor within a short period of time

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04.06.2019. Decision of the Department of Civil Cases, case No SPC-9/2019 Beginning of the time limit for appeal of a decision of administrator to recognise a claim

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02.04.2019. Decision of the Department of Civil Cases, case No SPC-2/2019 Authorization of an insolvency administrator

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07.02.2019. Decision of the Department of Civil Cases, case No SPC-1/2019 Ex officio powers of the court in the examination of evidence in a case regarding legal protection proceedings

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22.02.2019. Judgment of the Department of Civil Cases, case No SKC-1/2019 Status of deposits held by a credit institution

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24.05.2018. Decision of the Department of Civil Cases, case No SKC-618/2018 The role of administrator of insolvency proceedings

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20.02.2018. Assignment Hearing Decision of the Department of Civil Cases, case No SKC-554/2018 Requirements for the action for compensation of losses of administrator of insolvency proceedings against board members regarding partial non-disclosure of capital company documents

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23.11.2018. Judgment of the Department of Civil Cases, case No SKC-291/2018 Prerequisites for the recovery of losses from members of the board of directors of an insolvent capital company

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21.06.2018. Judgment of the Department of Civil Cases, case No SKC-193/2018 The civil liability of the administrator of insolvency proceeding for the damages to the creditors caused by his or her acts or omissions

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28.11.2018. Judgment of the Department of Civil Cases, case No SKC-185/2018 Protection of interests of creditors of the insolvent company in a situation where, in the case of an unfulfilled obligation, the company was reorganized through the division of property

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02.02.2018. Decision of the Department of Civil Cases, case No SPC-1/2018 Revue of legality of the voluntary assignment concluded during the process of the insolvency

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31.01.2017. Judgment of the Department of Civil Cases, case No SKC-342/2017 The enforceability in time of the obligation to pay the for the period of forced absence from work

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25.01.2017. Judgment of the Department of Civil Cases, case No SKC-333/2017 The influence of idle time of an insolvent enterprise on the payable amount of work remuneration and reverence pay

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03.03.2017. Judgment of the Department of Civil Cases, case No SKC-91/2017 Submission of creditors’ claim if the administrator of insolvency proceedings has unilaterally withdraw from the contract

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05.06.2017. Judgment of the Department of Civil Cases, case No SKC-76/2017 The separation of guarantee and pledge as reinforcement of obligations rights

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18.05.2017. Judgment of the Department of Civil Cases, case No SKC-54/2017 The known creditor according to Section 324 of The Commercial Law

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26.01.2017. Judgment of the Department of Civil Cases, case No SKC-20/2017 The liability of interested person in insolvency proceedings

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30.06.2016. Decision of the Department of Civil Cases, case No SKC-1931/2016 The claim to recognize the status of a secured creditor in insolvency proceedings

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30.06.2016. Judgement of the Department of Civil Cases, case No SKC-608/2016 Indications of a fictitious transaction

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30.09.2016. Judgement of the Department of Civil Cases, case No SKC-297/2016 Burden of proof of a member of the board of directors as regards settlement of accounts and transferring assets

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20.06.2016. Judgement of the Department of Civil Cases, case No SKC-244/2016 Effect of insolvency administrator’s right to choose; understanding of set-off

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21.06.2016. Judgment of the Department of Civil Cases, case No SKC-163/2016 Burden of proof when evaluating the due care of a member of the board as a an authorised person; the appraisal on the amount of creditor’s damages in insolvency proceedings

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30.08.2016. Judgement of the Department of Civil Cases, case No SKC-111/2016 Submission of a creditor’s claim secured by a commercial pledge in the course of an insolvency process

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18.08.2016. Decision of the Department of Civil Cases, case No SPC-3/2016 Insolvency administration authority in ensuring the legality of insolvency proceedings; duties of a court in examining a complaint on a decision of the insolvency administration

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20.04.2016. Judgment of the Department of Civil Cases, case No SKC-2/2016 The solidary liability of board members occupying the position at different periods of time

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29.12.2015. Decision of the Department of Civil Cases, case No SPC-18/2015 Obligation of control over activity of an insolvency administrator; Assessment of plan of measures in legal protection process in accordance with the purpose of this process  

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30.01.2015. Judgement of the Department of Civil Cases, case No SPC-3/2015 Validity of debtor’s objections in insolvency proceedings in a court

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05.02.2014. Decision of the Department of Civil Cases, case No SKC-1447/2014 and separate opinion of the judge Marite Zagere Difference in regulation concerning activity of insolvency procedure administrator and bailiff within procedure of sale of debtor’s property

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08.04.2014. Judgement of the Department of Civil Cases, case No SKC-117/2014 Procedure for submission of creditors’ claims against insolvent debtor and consequences of inobservance of that; Legal reasoning of examination of a dispute on rights between a creditor and an insolvent debtor

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19.03.2014. Judgement of the Department of Civil Cases, case No SKC-116/2014 Rent payment and offset

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15.01.2014. Judgement of the Department of Civil Cases, case No SKC-101/2014 Application of presumption of guilt of a member of a Board stipulated in Section 169 of the Commercial Law

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26.11.2014. Decision of the Department of Civil Cases, case No SPC-30/2014 Commercial authorization as ground for determination of status of interested person towards a debtor

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30.09.2014. Judgement of the Department of Civil Cases, case No SPC-28/2014 Condition of observation of principle of equity of creditors in legal protection procedure (JPP)

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31.10.2014. Judgement of the Department of Civil Cases, case No SPC-27/2014 Principle of preservation of rights in out-of-court legal protection procedure (OLPP); Meaning of creditor’s will in establishing and elimination of legal lien

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21.06.2013. Decision of the Department of Civil Cases of the Senate, case No SKC-2020/2013 Creditor’s right to pursue a claim for good of the society within insolvency proceedings

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31.05.2013. Judgement of the Department of Civil Cases of the Senate, case No SKC-164/2013 Legal substantiation and provisions of recovery of dividends paid to participants of commercial companies in insolvency procedure

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05.04.2013. Judgement of the Department of Civil Cases of the Senate, case No SKC-121/2013 Prerequisites of reclaim due to lack of any ground

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23.10.2013. Decision of the Department of Civil Cases of the Senate, case No SPC-48/2013 Materials to be annexed to plan of legal protection measures and verification of those

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11.09.2013. Judgement of the Department of Civil Cases of the Senate, case No SPC-38/2013 Limitation of evaluation of creditors’ claims within legal protection procedure

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28.06.2013. Decision of the Department of Civil Cases of the Senate, case No SPC-33/2013 (CHANGE OF CASE-LAW) Procedure of review of complaints about decisions and actions of insolvency administrator

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08.02.2012. Judgement of the Department of Civil Cases of the Senate, case No SKC-622/2012 Claim of administrator of insolvent company against ex-members of the board of the company on losses caused to the company as a result of calculation of tax and fees payments performed by the State Revenue Service

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20.12.2012. Decision of the Department of Civil Cases of the Senate, case No SPC-53/2012 Conditions of pay back of deposit of insolvency procedure of legal entity

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20.12.2012. Decision of the Department of Civil Cases of the Senate, case No SPC-52/2012 Evidences to be annexed to application of procedure of insolvency of a debtor – a legal entity

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07.03.2012. Decision of the Department of Civil Cases of the Senate, case No SPC-26/2012 Inclusion of real property tax debt into calculation of auction costs

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07.03.2012. Judgement of the Department of Civil Cases of the Senate, case No SPC-25/2012 Provision of right to fair trial in insolvency proceedings

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25.01.2012. Judgement of the Department of Civil Cases of the Senate, case No SKC-25/2012 Responsibility of a member of the board for damage caused to the company

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07.03.2012. Decision of the Department of Civil Cases of the Senate, case No SPC-23/2012 Procedure of review of administrator’s application on cancellation of arrest of property of legal entity applied in criminal proceedings

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25.04.2012. Decision of the Department of Civil Cases of the Senate, case No SPC-1/2012 and separate opinions of senators Kalvis Torgans, Marite Zagere, Inara Garda, Skaidrite Lodzina, Anda Vitola (CHANGE OF CASE-LAW) Claim against the SRS on pay back of tax overpaid as a subject of commercial pledge

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06.04.2011. Decision of the Department of Civil Cases of the Senate, case No SKC-951/2011 Claim collateral in insolvency proceedings

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03.11.2010. Decision of the Department of Civil Cases of the Senate, case No SKC-975/2010 On mark of insolvency in (out-of-court) legal protection proceedings

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21.04.2010. Judgement of the Department of Civil Cases of the Senate, case No SPC-109/2010 On legal consequences of debtor’s objections 

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27.01.2010. Decision of the Department of Civil Cases of the Senate, case No SPC-43/2010 On exception from general regulations on court costs 

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25.02.2009. Judgement of the Department of Civil Cases of the Senate, case No SKC-79/2009 On recovery of damages in insolvency proceedings of business entity

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28.01.2009. Judgement of the Department of Civil Cases of the Senate, case No SKC-34/2009 On insight into insolvency proceedings

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09.01.2008. Judgement of the Department of Civil Cases of the Senate, case No SKC-18/2008 On increase of fixed capital

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05.12.2007. Judgement of the Department of Civil Cases of the Senate, case No SKC-815/2007 Voluntary auction and auction in court procedure

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28.03.2007. Judgement of the Department of Civil Cases of the Senate, case No SKC-203/2007 On recovery of non-invested capital

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03.01.2007. Decision of the Department of Civil Cases of the Senate, case No SKC-4/2007 On procedure of solution of disputes on creditors’ claims

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06.12.2006. Judgement of the Department of Civil Cases of the Senate, case No SKC-669/2006 Recovery of registered share capital of a joint stock company in the insolvency proceedings

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04.10.2006. Judgement of the Department of Civil Cases of the Senate, case No SKC-540/2006 On principle of good faith

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17.05.2006. Decision of the Department of Civil Cases of the Senate, case No SKC-428/2006 On administrator’s right to issue a procuratory

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05.10.2005. Judgement of the Department of Civil Cases of the Senate, case No SKC-579/2005 On legal consequences of the farm insolvency

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22.10.2003. Decision of the Department of Civil Cases of the Senate, case No SPC-45/2003 On defence of buyers’ interests, if property is acquired in public auction

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16.11.1999. Judgment of the Department of Civil Cases, case No SPC-70/1999 Creditors can file an insolvency petition if no claim or objection is made within two weeks of the lodging of the claim, and upon expiry of that deadline the creditor has given notice in writing to file for insolvency at least one week before filing it with the court

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09.06.1999. Judgment of the Department of Civil Cases, case No SPC-49/1999 The illegality of assignment contracts in the event of insolvency of undertakings

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12.11.1997. Decision on Ancillary Complain of the Department of Civil Cases, case No SKC-409/1997 Workers claims against the employer which insolvency is recognised by a court’s decision shall be submitted to the administrator

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22.10.1997. Decision of the Department of Civil Cases, case No SPC-168/1997 On appointment of an administrator in case of insolvency

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17.09.1997. Decision of the Department of Civil Cases, case No SPC-136/1997 On creditors' claims and liquidator's expenses

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18.09.1996. Judgment of the Department of Civil Cases, case No SKC-116/1996 On recognition of “Banka Baltija” as insolvent and bankrupt

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26.06.1996. Judgment of the Department of Civil Cases, case No SKC-65/1996 On the payment of insured sum in the event of insolvency of a limited liability company

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22.05.1996. Judgment of the Department of Civil Cases, case No SPC-53/1996 On appointing an administrator to an insolvent stock company

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22.04.1996. Judgment of the Department of Civil Cases, case No SKC-17/1996 On restoration of a credit institution

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