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Bankruptcy & Insolvency

We have extensive experience of protecting the interests of both creditors and debtors in bankruptcy proceedings. We represent clients in relations with the receiver and successfully challenge in courts illegal transactions concluded for asset stripping purposes. We offer various debt restructuring options in order to achieve a mutually beneficial outcome for the creditor and the debtor. Our lawyers are also ready to defend the interests of the chief executive officers of the debtor companies if they are held secondarily liable.

 

Some projects

  1. Successful representation of British company Unified Investments Ltd in all courts regarding a challenge by the bankruptcy trustee of a loan agreement for the amount of GBP 3 million (within the framework of the bankruptcy proceedings of the borrower).
  2. Successfully protecting a foreign contractor, Iberdrola Ingeniería y Construcción S.A., in a dispute with the bankruptcy trustee of a Russian contractors concerning the invalidation of an agreement to terminate a contract under which the parties "forgave" mutual debt. As a result, we prevented the client from losing RUB 20 million.
  3. Successfully representing the minority creditor Global Credit Reserve LLC in a dispute to challenge the decision taken by the majority creditor to sell a single asset worth RUB 250 million for RUB 2. We defended the interests of our client in all court instances, including the trial in the Supreme Court of the Russian Federation.
  4. Successfully representing the former chief executive officer in a dispute with the bankruptcy trustee on vicarious liability for the amount of more than RUB 130 million for violating the obligation to transfer the accounting records to the provisional administrator and filing a court application for the recognition of the company as bankrupt.
  5. Successfully representing Gracio Investments Ltd, creditor in a bankruptcy case, in a dispute on inclusion into the creditors' register based on the claims guaranteed by the mortgage of real estate in the amount of RUB 295 million. We included the client's claims into the register notwithstanding on the attempts of other parties to challenge the mortgage.
  6. Successfully representing the client's interests in the bankruptcy case of the former owner of Sotsinvestbank, as a result of which the client received an old debt which had existed for several years.
  7. Representing the creditor within the framework of the bankruptcy proceedings of a state agricultural holding. We identified a deliberate bankruptcy scheme, and the company's officers were duly prosecuted.
  8. Representing the debtor – a major timber manufacturer, in bankruptcy proceedings.
  9. Successfully representing the creditor in challenging a contract to dispose of a share in the right of ownership of real estate within the framework of the bankruptcy of an individual.
  10. Defending the minority shareholders, and the Russian Federation (represented by the Federal Agency for State Property Management), within the framework of the bankruptcy proceedings of a company owning real estate in Moscow Region.
  11. Assisting a creditor, which had not been included in the creditor claims’ register, with the preparation of a statement on the vicarious liability of the previous and current directors of the debtor, representing the lender in the bankruptcy proceedings.
  12. Representing Investstroy LLC in a bankruptcy dispute when challenging null claims out of judicial acts that came into force. We protected the interests of our client in all court instances, including the trial in the Supreme Court of the Russian Federation. As a result, third parties could not divert bankruptcy procedure.
  13. Guaranteeing a majority vote at the creditors' meeting for the controlling bodies of the debtor and completion of the supervision stage as part of the bankruptcy proceedings.
  14. Representing Gazstroyinzhiniring LLC in a dispute with the bankruptcy trustee on invalidation of an agreement on the sale of an asphalt concrete plant and the offset of counterclaims that the agreement was dubious and preferential. As a result, we enabled the client to recover its title to the plant.

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