Bankruptcy of legal entities
Our team is ready to provide professional legal assistance in representing your interests, including the following methods of legal protection:
Protection of property rights of participants in insolvency (bankruptcy) proceedings:
Return of assets of an insolvent debtor; Return of property unreasonably included in the bankruptcy estate; Protection of the rights of mortgagees and persons holding the property of insolvent debtors; Foreclosure on the debtor's property illegally obtained by third parties in favor of creditors whose claims were not satisfied during the bankruptcy proceedings. Protection of the debtor's interests during insolvency (bankruptcy) procedures:
Assistance to the arbitration manager in compiling the register of creditors' claims and holding meetings of bankruptcy creditors; Objections to unreasonable creditors' claims for inclusion in the register of creditors' claims of the debtor; Preparation and support of meetings of bankruptcy creditors; Assistance to the arbitration manager in optimizing the debtor's liabilities and increasing assets; in the formation of the bankruptcy estate, including by challenging transactions concluded by the debtor; in the application of claims for the application of the consequences of the invalidity of void transactions; Foreclosure on mortgaged property, debt collection from guarantors, guarantors; Statement of claims for the imposition of subsidiary liability on persons guilty of bringing the debtor to bankruptcy.
Protection of the creditor's interests during insolvency (bankruptcy) procedures:
Preparation of claims for inclusion in the register of claims of bankruptcy creditors; Judicial confirmation of the validity of the stated claims (if there are disagreements); Challenging the grounds for inclusion in the register of claims of other creditors; Appealing the actions of the arbitration manager; Challenging transactions made by the debtor; Developing a voting strategy at meetings of bankruptcy creditors; Support of assignment transactions rights of claims against the debtor; Preparation of a settlement agreement.
Project experience:
Representation of the debtor's interests in a separate dispute on the exclusion of property from the bankruptcy estate;
Representation of the creditor's interests in the bankruptcy case of a machine-building plant in a separate dispute on the resolution of disagreements between the bankruptcy trustee and the creditor, that the creditor's claims are subject to satisfaction at the expense of the debtor's property remaining after satisfying the creditors' claims included in the register of creditors' claims of the debtor. As a counter-argument, the law firm cited that civil, not corporate, legal relations take place between the debtor and the creditor; loan agreements correspond to market conditions, are reimbursable transactions; there are no signs of unfair behavior in the actions of the lender, which is the basis for lowering the priority of satisfying his claims; the loan could not affect the change in the ratio of votes, attributable to independent creditors in the framework of the debtor's bankruptcy case;
Representation of the creditor's interests in the bankruptcy case of the enterprise on the issue of inclusion of claims in the register of claims of creditors of the debtor. The Arbitration Court granted our complaint against the actions of the bankruptcy trustee, who was subsequently relieved of his duties and replaced by another bankruptcy trustee as a result of the actions of a coalition of different creditors created by us;
Representing the interests of a creditor – a former employee in the bankruptcy case of a large construction company on the issue of collecting current debt on wages.
