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INSOLVENCY AND RESTRUCTURING

MORE THAN 100 INSOLVENCY PROJECTS ON SIDE OF CREDITORS, DEBTORS AND THIRD PARTIES

EMPP team has more than 10 years of experience in the field of insolvency. In case there is a risk of initiation of insolvency procedures involved, we are ready to arrange and implement effective tactics for the debtor to deter and protect it against creditors, to ensure the restructuring of business and assets; abolish or materially mitigate adverse aspects during insolvency, e.g. bringing managers and owners of the company to subsidiary liability.

Working experience on the side of creditors, thorough knowledge of the current practice of insolvency in Russia and interaction with management of majority of the self-regulatory organizations of insolvency receivers enables EMPP to effectively meet the interests of creditors, to prevent the reduction of the estate in the pre-insolvency period, to ensure management over insolvency in the course of introduced procedures through the meeting of creditors as well as via challenging actions and decisions of administrative receivers; to detect and bring controlling the debtor persons to subsidiary liability.

Our services

  • Comprehensive support of bankruptcy proceedings with the selection and formation of a team of required specialists (insolvency receiver, auditor, appraiser, archivist, criminal bar, detective, etc.));
  • Advising on matters of search of assets and its’ return to the estate;
  • Support of business during pre-insolvency and supervision periods;
  • Assistance on preparation and realizing the estate by bidding and within the completion of agreements with creditors;
  • Advising on fraudulent insolvency matters and strategy of directors and controlling persons’ protection;
  • Restructuring of financial obligations to ensure the return of the borrowed investment and ensure control over business activities (among others by means of corporate tools: corporate agreements, interests and shares options; corporate governance);
  • Drafting documents and factual grounds for duly formation of register of creditors and managing property and claims the estate comprise of;
  • Restructuring relations between creditors;
  • Challenging transactions executed during receivership, bringing controlling persons of insolvent to subsidiary liability;
  • Preparation of creditors’ meetings, blocking initiatives of separate creditors, association with other creditors for achievement of common objectives in regards to insolvency;

AMONG THE PROJECTS OF OUR TEAM

 
  • Successful protection of the head of the company from subsidiary liability of about 1 billion Roubles in an action of the tax authority within insolvency proceedings, associated with the initiation and investigation in respect of the same person of criminal case under article 199 of the Criminal Code (company tax evasion);
  • Assess of risks and advising directors of subsidiaries in connection with putting a parent company (one of the largest Russian holdings) into pre-insolvency procedure;
  • Interception of management at the stage of receivership of the debtor by bringing to administrative responsibility and subsequent removal of the loyal to the debtor's team insolvency receiver;
  • Company’s liquidation by means of putting it into summary liquidation procedure with transfer to local authorities of illiquid and socially significant property of the debtor;
  • Support of insolvency of a natural person, during which numerous claims against the debtor by its creditors, the tax authority and the financial manager were rejected. The creditors’ claim to recognize the debtor as a fraudulent insolvent and transactions during pre-insolvency term as suspicious ones were rejected. The proceeding completed ultimately by a debt cancellation;
  • Elaboration and successful completion of the enterprise insolvency strategy aggravated by use by the main creditor of administrative resource, initiation and investigation in regards to management of the enterprise of a criminal proceeding under para 4 of Article 159 of the Criminal Code of the Russian Federation (fraud);
  • Representing and defending the interests of the controlling creditor in the bank insolvency procedure, interaction with the DIA. Representation of the same creditor as a victim during the preliminary investigation in a criminal case initiated in connection with the abuse and theft by the management of the bank in collusion with the managers of the victim;
  • Protection by carrying out personal insolvency procedure with relief of debt of the former director of the company acted as a guarantor for the debts of the company of more than 800 million Roubles and subsequently cheated by the founders of the company;
  • Legal assistance in the insolvency of the car repair plant at the stage of receivership: securing the interests of the main creditor in the bidding;
  • Legal assistance on inclusion in the register of creditors of LLC "Regiontehstroy" complex accounts payable of the client, not confirmed by court decisions;
  • Advising management of one of the largest manufacturers of tires - Amtel-Vredestein on the pre-insolvency term, supervision stage. Initiation of insolvency proceeding of debtors from the group of companies;
  • Project management for the insolvency of the distillery in the Smolensk region, effective settlement of claims in relations with the secured creditor;