Legal services in bankruptcy and insolvency cases

Nadmitov, Ivanov & Partners Law Firm provides a wide range of services to represent clients in bankruptcy and insolvency cases:

on bringing to subsidiary liability;
on affiliate loans;
on contesting transactions;
on challenging the actions of the bankruptcy receiver;
on including claims and challenging the inclusion of claims in the register of creditors;
on collateral in bankruptcy;
on cross-border bankruptcy cases.

In October 2019 the Pravo.ru portal included Nadmitov, Ivanov and Partners among the leaders of the legal market for legal support of bankruptcy procedures in Russia (top 33).

Our experience:

representing foreign bank in the case, where bankruptcy receiver contested the transactions on the assignment of interbank deposits by foreign bank to the benefit of its customers and on application of the consequences of invalidation of banking operations in the Russian bank’s bankruptcy proceedings in the arbitration court. The applicant in the case was a bankruptcy receiver represented by the State Corporation Deposit Insurance Agency (DIA). Foreign bank ceded the rights under interbank deposit to its customers, who owned the funds under fiduciary deposit. Subsequently DIA attempted to challenge these transactions. The court proceedings lasted more than a year. The Firm prepared substantial legal arguments in defense of the client’s legal position, including a number of expert examinations. As a result, bankruptcy receiver refused from the claims, and the court accepted this.
representing bankruptcy receiver in the bankruptcy case of the debtor - housing and communal company in a separate dispute on bringing the debtor's controlling persons to subsidiary liability.
representing creditor in the bankruptcy case of an engineering plant in a separate dispute on resolution of disagreements between the bankruptcy receiver and creditor regarding the fact, that the creditor’s claims had to be satisfied from the expense of the debtor’s property, which had remained after satisfaction of the creditors’ claims included in the register of the creditors’ claims. As a counter-argument, the Law Firm stated, that civil law relationships existed between the parties and not the corporate legal relations. The Law Firm argued, that loan agreements complied with market conditions and were transactions for consideration; there were no signs of unfair behavior in the lender’s actions, which formed the basis for lowering the order of satisfaction of the claims; granting of loan could not have affected the change in the ratio of votes attributable to independent creditors in the debtor’s bankruptcy case.
representing creditor in the airline company bankruptcy case regarding the inclusion of claims in the register of creditors’ claims. The arbitration court granted the complaint against the actions of the bankruptcy receiver, who was subsequently relieved of his duties and replaced with another bankruptcy receiver as a result of the actions of the creditors coalition, that had been created by the Law Firm.
representing creditor in the bankruptcy case of a large network of children goods stores regarding the inclusion of claims in the register of the creditors’ claims.
representing creditor, a former employee, in the bankruptcy case of a large construction company on the collection of current wage arrears.
representing bank in including its claims in the creditors’ claims register in the amount of 620 million rubles despite the objections of the IFTS on abuse of rights, the creditor’s affiliation, and unfair actions during bankruptcy in three instances of arbitration courts.
establishing a collateral nature of the creditor’s claims in amount of 120 million rubles in the register of creditors’ claims against the IFTS’s objections on abuse of the right, preference, unfair actions in bankruptcy, inflicting harm to the creditors.
Representing creditor in a dispute regarding the recognition of land plots sale invalid on special grounds of the bankruptcy law (transaction price with 250 million rubles collateral) against the IFTS’s and the bankruptcy receiver’s objections concerning abuse of the right, creditor’s affiliation, unfair actions in bankruptcy, imaginary calculations, the connectivity of the transactions and preference over other creditors in three instances of arbitration courts.
Representing creditor-pledge holder in a dispute on termination of a lease agreement, whose rights were pledged to the bank. A review was prepared against the legal position of the administration on the merits of the dispute. The claim was dismissed.
Representing defendant – debtor – in the case initiated by the claim for recognizing the defendant’s property a single indivisible thing and obliging to supply heat and power.
Representing defendant – debtor – in the case initiated by the claim for recognition of ownership of the defendant’s property. Statement of defense was prepared against the legal position of the claimant on the merits of the dispute. The claim was dismissed.
Representing claimant – debtor – in the recovery of bill debt case.
Representing claimant – debtor – in the recovery of cession debt case. The judicial act on the merits was enacted by the cassation court in the second round of the case. The claimant was in a difficult legal position: the defendant claimed the falsification of evidence. There were no documents on the transfer of claims. The defendant was liquidated, when the case was considered, but the liquidation was disputed by the Law Firm administratively.
Representing debtor in a separate dispute on the exclusion of property from the bankruptcy estate.
Representing debtor in a separate dispute on recognizing debtor the subject of natural monopoly in the arbitration courts of two instances. The arbitration court refused the opponent to take measures to secure the claim in the same dispute.
Representing debtor’s interests in establishing creditor’s claims in the register of creditors’ claims, that led to the refusal to include the claims in the register.
Representing debtor in establishing the creditor’s claims in the register of creditors’ claims, that led to the refusal to include the claims in the register, despite the judicial act on recovery on the basis of subordination of claims of the actually affiliated creditor and abuse of right.

Alexander Nadmitov

Managing Partner

+7 (495) 64 987 12

alexander.nadmitov@nplaw.ru

Sergey Grigoriev

Legal Counsel for Litigation Practice

Mikhail Stepkin

Senior Lawyer, Dispute Resolution Practice

Publications

Bankruptcy and Insolvency

Plenum of the Supreme Court of the Russian Federation clarified the rules of guarantees in bankruptcy

5 июля 2023

The Plenum of the Supreme Court of the Russian Federation adopted Resolution No. 26 “On the specifics of the application by courts in insolvency (bankruptcy) cases of guarantee rules”, in which it allowed to decrease the claim of a guarantor who issued a surety during the financial problems of the debtor.

Dispute Resolution

The Supreme Court of the Russian Federation outlined new clarifications of the rules on pledge

3 июля 2023

The new Resolution was adopted to replace the Resolution of the Plenum of the Supreme Arbitrazh Court dated 17 February 2011 No. 10 “On Certain Issues of Application of Legislation on Pledge”.

Bankruptcy and Insolvency

Bankruptcy procedure for a foreign legal entity introduced

19 мая 2022

The Russian Arbitration Court for the first time introduced bankruptcy proceedings against a foreign legal entity

Bankruptcy and Insolvency

Recognition of foreign bankruptcy proceedings in Russia

8 февраля 2021

In 2018 the AC of Moscow considered an interesting case on the recognition and enforcement of a bankruptcy decision of a German court against a Russian citizen

Bankruptcy and Insolvency

Review of the Decree of the Government of the Russian Federation on the extension of the moratorium on bankruptcy

6 октября 2020

We present to your attention the review of the main provisions of the recent Government Decree of 01.10.2020 N 1587 "On the extension of the moratorium on the initiation of bankruptcy proceedings at the request of creditors in relation to individual debtors"