Restructuring/Insolvency

Team

Ermolenko Alexander

Ermolenko@fbk.ru

Shkadova Elena

ShkadovaE@fbk.ru

Services

Protecting the lender's rights

FBK Legal Corporate Practice lawyers and our Dispute Resolution Practice procedural experts provide the following services on Restructuring/Insolvency:
read more >

Supporting the official receiver

Protecting the debtor's rights

Clients

Zentiva, Marie Brizard (Belvedere), Centergeko, Ranbaxy, Per Aarsleff, Gazpromtrans, Parmalat, Verno Group

Best possible task delivery

Marie Brizard
A highly motivated team that responds quickly

Chambers Europe

Cases

Supporting bankruptcy procedure of pharmaceutical distributors

Supporting bankruptcy procedure of five distributors of a major pharmaceutical company, in particular, representing the client at all stages of the bankruptcy procedure (incorporating client’s claims against the debtor in to the list of creditors' claims; voting o behalf of the client during creditors meetings: holding a meeting of creditors; challenging unlawful actions and non-performance of the insolvency officer in administrative and legal proceedings etc.). The total amount of the debts recovered amounted to $9,6 million. hide

Representing a company in dispute on invalidating of a transaction with the counter party

Representing a major medical centre which had concluded the transaction of assigning the claim with a bankrupt legal entity and thus obtained the right to claim repayment of a $0,9 million loan from a third party borrower shortly before the announcement of its counter party insolvency. The court has rejected the complaint filed by the insolvency officer who claimed to invalidate this transaction. hide

The research study “Improvement of the Russian legislation on matters of taxation during the bankruptcy procedure”

Carrying out at the request of Ministry of Economic Development of the Russian Federation the research study “Improvement of the Russian legislation on matters of taxation during the bankruptcy procedure”, in particular, drafting concepts and draft regulations and standards on implementation of changes in to the Russian legislation to identify the characteristic aspects of entity’s tax treatment during the bankruptcy procedure. hide

The project “Increasing the efficiency of bankruptcy procedure in the Russian Federation (Bankruptcy II)” (in collaboration with GTZ and Schultze & Braun)

Contributing to the improvement of insolvency and bankruptcy procedures to cater for a more efficient release of frozen assets of a bankrupt party, mobilization of such resources and their efficient utilization for economic development of the Russian Federation. hide

The international project TACIS Insolvency II

Developing decree-drafts for the government of the Russian Federation required to implement the federal law “On insolvency (bankruptcy)” and the draft-law “On insolvency (bankruptcy) of financial institutions”; preparing a practical guidance for creditors; researching opportunities to prevent bankruptcy within the limits of the current Russian legislation; benchmark study on investigation of opportunities to increase the bankruptcy assets during the bankruptcy procedure based on the legislation of developed countries: Germany, France, the Netherlands, the United Kingdom, Spain, the United States. hide

Due Diligence of a company undergoing a bankruptcy

A comprehensive legal and financial due diligence of a company undergoing a bankruptcy and owning a large network of fuel filling stations in Moscow and Moscow region, including analysis of a bankruptcy procedure, requirements of borrowers and preparing recommendations on the actions plan for the company purchase. hide

Protection of property rights during the bankruptcy of the company’s counterparty

Representing interests of a transport company in two suits filed by an insolvency officer of the company’s counterparty, which was declared bankrupt, with the demand to attach the property (several vehicles used for company business). As a result, both suits were withdrawn. hide

Support in bankruptcy procedures

Supporting bankruptcy procedures of two daughter companies, including the interaction with the insolvency officer, identifying the property of debtors and their transactions to be contested, determining the possibility to increase the insolvency estate of debtors. hide

Challenging the actions of an insolvency officer

Challenging the actions of the insolvency officer during the sale of the debtor’s property and invalidation of the auction for the benefit of an oil and gas company. hide

Support in a dispute under a bankruptcy case

Supporting a large pharmaceutical company in a dispute under a bankruptcy case of a company undertaking operations with real estate, following the request of the bankruptcy creditor to invalidate the assignment agreement.
hide

Taxation procedure for transactions executed during competitive bidding

Preparing a legal opinion for a service company on the taxation of transactions to sell movable and immovable property at competitive bidding. hide

Assessment of tax risks for transactions within bankruptcy procedures

Preparing a legal opinion on VAT payment and recovery when purchasing an asset of a company under a bankruptcy administration. Assessment of tax risks for the sale of collateralized property within bankruptcy procedures. hide

Full list

Ermolenko Alexander

Ermolenko@fbk.ru

Shkadova Elena

ShkadovaE@fbk.ru

Linked services

Corporate / M&A

Dispute resolution / Representation in court

Financial investigations & forensic inquiry