Insolvency is a common occurrence in the Russian and international business practice. This procedure requires dedicated experts for representation in insolvency (bankruptcy) proceedings.
Here Pleshakov, Ushkalov & Partners offer a top-level service with leading Russian experts in insolvency (bankruptcy).
Our lawyers possess a sound expertise in representation at any stage of insolvency proceedings and deal with cases of any complexity. The Law Firm represents the clients in insolvency proceedings both in favor of the debtor in order to wind up the company with minimum losses and in favor of the debtor’s creditors (also minority creditors) in order to protect their property interests. We know how to counter fraud of mala fide creditors and debtors and how to prevent the assets from dissipating while insolvency proceedings.
Our effective advocacy in insolvency cases makes it possible to implement the respective remedies in favor and to the best benefit of the Client.
Our expertise in special nature of the Russian insolvency proceedings ensures the most effective outcome for the Clients. The advocacy in insolvency cases is often connected with engagement of experts, challenge against shady deals made to cause damage either to the debtor or the creditor, appeal of acts (omissions) of the insolvency receiver, also pursuing subsidiary liability on the debtor’s management.
Besides, the Law Firm offers a range of services to prevent insolvency and mitigate procedural risks.
Key areas of expertise:
- Invalidation of the liquidation entry in the Unified State Register of Legal Entities in order to initiate insolvency;
- Analysis of legal grounds and effects in case insolvency proceedings are initiated against the debtor;
- Analysis of legal grounds and prospects for inclusion of the debtor’s creditors’ claims into the register, incl. those secured by pledge;
- Arrangement and holding of the creditors’ meetings/committees;
- Representation of the creditors at the creditors’ meetings/committees;
- Appeal of resolutions taken at the creditors' meetings/committees;
- Legal analysis of statements on fraudulent/premeditated insolvency, administration plans, receivers’ reports on their activities and money spending, financial analyses of the debtor;
- Challenging the debtor’s transactions, in particular, settlement agreements;
- Protection against claims challenging the debtor’s transactions;
- Appeals against actions (omissions) of insolvency receivers;
- Taking measures to forfeit the insolvency receivers;
- Inventory and assessment of the debtor’s property;
- Legal support of the debtor's property sales at auctions, including drafting provisions for the debtor’s property sales and representation of the participants at auctions;
- Collection of receivables in order to cover the creditors’ claims;
- Pursuing secondary liability on the debtor’s controllers both upon application of the insolvency receiver and upon application of the debtor's creditors;
- Private (personal) bankruptcy.
Head of Practice – Elena Yakusheva