CASES

1/5

Case

Procedure of debt restructuring of a large bank holding company with its head office incorporated in Cyprus, with indebtedness of about 1 billion US dollars. Cyprus legislation, following the example of the British, allows to forcibly convert company’s debts to all creditors into shares by resolution of the majority of creditors (50% + 1 vote) should it be proved that this kind of conversion is more profitable for creditors than the company’s bankruptcy. The project lasted for 2 years and involved both two recognized Cypriot law firms and British lawyers.

Results

  • A complex legal document was developed (Settlement Agreement. Section 198 -200 of the Cyprus Companies Act). It was approved by meeting of creditors and then submitted to the Cyprus court.
  • While working on the project a number of creditors filed about 20 lawsuits in Cyprus, London, the BVI, Switzerland, Latvia aimed at preventing debt restructuring.

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Case

Former GD of a Russian LLC signed a number of contracts on obviously unfavorable terms for the latter. Among them — purchasing of vehicles, intermediation and loan contracts, which were concluded with his own firm and thus revealed his bad faith. It became the ground for his dismission and filing some cases.

Results

  • The purchasing of vehicles was invalidated, total reclaimed value is above 9 million Rubles.
  • The documentation and material values were reclaimed by the client.
  • The former GD lost the case on unpaid salary in amount of 3 million Rubles.
  • The former GD lost the case on unpaid compensation in amount of 12 million Rubles.
  • And others.

Overall amount of reclaimed: above 120 million Rubles.

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Case

The client (a Russian investment company) addressed for collection services.

Results

  • The claim was supported by court, enforcement procedures were initiated.
  • Bankruptcy petition was filed, the claim of affiliated companies were subordinated “behind the register” (which performed a precedent in the region, 2017)
  • Property inventory and analysis of the debtor’s transactions were conducted, and the only asset was traced — a claim to the company which was seized in enforcement proceedings.
  • Damages were collected from the budget institution (debtor) for illegal transfer of funds to an improper creditor and the client received partial repayment of their claims.

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Case

The client (a Russian company) acquired the rights of claim against a bankrupt company that had land plots in The Leningrad region and a building in St. Petersburg with an estimated cost of about 1 billion rubles.

Results

  • Despite the low percentage in the register of creditors, it was possible to cancel the sale of the building at auction on unfavorable terms, to challenge several actions of the arbitration (insolvency) manager of acknowledgement the friendly debts of majority creditor, to challenge multimillion-dollar debts;
  • Roadmaps were prepared and several actions were carried out to implement a single indivisible asset through compensation and replacement of assets;
  • The former CEO and owner of the company were brought to subsidiary liability.

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Case

Representation of the interests of a leader of IT-industry in case of bankruptcy of an enterprise and related cases.

Results

  • The claims of the company in the register of creditors have been increased from 5% (15 million rubles) to 33 % (165 million rubles), which allowed to conduct successful negotiations with other creditors in bankruptcy, and increased the share of influence of the client in the case of bankruptcy, secured the majority of votes in the creditors’ meeting;
  • The total amount collected in the framework of the project is more than 328 million rubles, including 63 672 271,53 rubles of unjust enrichment, recovery in Arbitration court of Moscow 87 496 218,63 rubles of debt, 2 416 248,45 rubles penalty, 899 424,67 rubles of expenses on payment of arbitration fee and the issuance of a writ of execution for enforcement of the arbitral award;
  • A shareholder and former CEO of the debtor were the defendants according to the client’s application for subsidiary liability in the amount of more than 200 million rubles;
  • The debtor’s shareholder (sentenced to 5 years of imprisonment) and the debtor’s General Director (sentenced to 3 years of imprisonment) were also brought to criminal responsibility.

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Case

Procedure of debt restructuring of a large bank holding company with its head office incorporated in Cyprus, with indebtedness of about 1 billion US dollars. Cyprus legislation, following the example of the British, allows to forcibly convert company’s debts to all creditors into shares by resolution of the majority of creditors (50% + 1 vote) should it be proved that this kind of conversion is more profitable for creditors than the company’s bankruptcy. The project lasted for 2 years and involved both two recognized Cypriot law firms and British lawyers.

Results

  • A complex legal document was developed (Settlement Agreement. Section 198 -200 of the Cyprus Companies Act). It was approved by meeting of creditors and then submitted to the Cyprus court.
  • While working on the project a number of creditors filed about 20 lawsuits in Cyprus, London, the BVI, Switzerland, Latvia aimed at preventing debt restructuring.

GET A CONSULTATION

Case

Former GD of a Russian LLC signed a number of contracts on obviously unfavorable terms for the latter. Among them — purchasing of vehicles, intermediation and loan contracts, which were concluded with his own firm and thus revealed his bad faith. It became the ground for his dismission and filing some cases.

Results

  • The purchasing of vehicles was invalidated, total reclaimed value is above 9 million Rubles.
  • The documentation and material values were reclaimed by the client.
  • The former GD lost the case on unpaid salary in amount of 3 million Rubles.
  • The former GD lost the case on unpaid compensation in amount of 12 million Rubles.
  • And others.

Overall amount of reclaimed: above 120 million Rubles.

GET A CONSULTATION

Case

The client (a Russian investment company) addressed for collection services.

Results

  • The claim was supported by court, enforcement procedures were initiated.
  • Bankruptcy petition was filed, the claim of affiliated companies were subordinated “behind the register” (which performed a precedent in the region, 2017)
  • Property inventory and analysis of the debtor’s transactions were conducted, and the only asset was traced — a claim to the company which was seized in enforcement proceedings.
  • Damages were collected from the budget institution (debtor) for illegal transfer of funds to an improper creditor and the client received partial repayment of their claims.

GET A CONSULTATION

Case

The client (a Russian company) acquired the rights of claim against a bankrupt company that had land plots in The Leningrad region and a building in St. Petersburg with an estimated cost of about 1 billion rubles.

Results

  • Despite the low percentage in the register of creditors, it was possible to cancel the sale of the building at auction on unfavorable terms, to challenge several actions of the arbitration (insolvency) manager of acknowledgement the friendly debts of majority creditor, to challenge multimillion-dollar debts;
  • Roadmaps were prepared and several actions were carried out to implement a single indivisible asset through compensation and replacement of assets;
  • The former CEO and owner of the company were brought to subsidiary liability.

GET A CONSULTATION

Case

Representation of the interests of a leader of IT-industry in case of bankruptcy of an enterprise and related cases.

Results

  • The claims of the company in the register of creditors have been increased from 5% (15 million rubles) to 33 % (165 million rubles), which allowed to conduct successful negotiations with other creditors in bankruptcy, and increased the share of influence of the client in the case of bankruptcy, secured the majority of votes in the creditors’ meeting;
  • The total amount collected in the framework of the project is more than 328 million rubles, including 63 672 271,53 rubles of unjust enrichment, recovery in Arbitration court of Moscow 87 496 218,63 rubles of debt, 2 416 248,45 rubles penalty, 899 424,67 rubles of expenses on payment of arbitration fee and the issuance of a writ of execution for enforcement of the arbitral award;
  • A shareholder and former CEO of the debtor were the defendants according to the client’s application for subsidiary liability in the amount of more than 200 million rubles;
  • The debtor’s shareholder (sentenced to 5 years of imprisonment) and the debtor’s General Director (sentenced to 3 years of imprisonment) were also brought to criminal responsibility.

GET A CONSULTATION

Case

Procedure of debt restructuring of a large bank holding company with its head office incorporated in Cyprus, with indebtedness of about 1 billion US dollars. Cyprus legislation, following the example of the British, allows to forcibly convert company’s debts to all creditors into shares by resolution of the majority of creditors (50% + 1 vote) should it be proved that this kind of conversion is more profitable for creditors than the company’s bankruptcy. The project lasted for 2 years and involved both two recognized Cypriot law firms and British lawyers.

Results

  • A complex legal document was developed (Settlement Agreement. Section 198 -200 of the Cyprus Companies Act). It was approved by meeting of creditors and then submitted to the Cyprus court.
  • While working on the project a number of creditors filed about 20 lawsuits in Cyprus, London, the BVI, Switzerland, Latvia aimed at preventing debt restructuring.

GET A CONSULTATION

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