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Bankruptcy

Bankruptcy

AGP attorneys-at-law come up with the best solutions for their clients within the context of a broad range of tasks, from the full-service support in bankruptcy related matters to the resolution of non-standard legal issues.

We possess a unique experience in the protection of clients’ interests in bankruptcy of coal-mining enterprises, companies operating in the banking and finance sector, building companies.

Our professionals are well-informed about specifics of a wide variety of sectors of economy, ranging from real estate to metallurgical industry, energy and natural resources sectors.

We participated in several major and headline-making cases relating to bankruptcy of credit institution, industrial enterprises and holding companies.

We are especially strong in contesting and protection of deals, opposing unfriendly creditors and prevention them from participation in bankruptcy procedures, and in such complicated and sensitive cases as cases on imposition of and protection from imposition of secondary liability as well as damage recovery cases.

Apart from complex litigation and consultancy work, lawyers of the Bankruptcy practice, in cooperation with specialists of other firm’s legal practice teams, render our clients services for the organization and conducting of the so-called bankruptcy compliance (compliance control of financial and economic activities of companies, focused on timely discovery, prevention and mitigation of the risks of possible bankruptcy), as well as pre-bankruptcy settlements.

Among our clients are very different participants of bankruptcy proceedings: bankruptcy creditors, owners of enterprises going into bankruptcy and their senior managers, trustees in bankruptcy.

In 2023-2024 the total amount of our Bankruptcy Practice projects (in terms of the aggregate size of the bankruptcy assets) exceeded rubles 900 billion.

In 2024 our firm’s Bankruptcy Practice team was named among the market leaders by the following ratings:

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  • Pravo300 – in the nomination: “Bankruptcy (Disputes: High Market)” – Group 3
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  • PRObankruptcy – in the nominations: “Secondary Liability (Protection and Claims)” – Group 1, “Deals Contesting/Protection” – Group 2, “Full Bankruptcy Procedure Support” – Group 3

The PRObankruptcy rating also noted the law firm’s high level of industry-specific expertise in the nominations: “Banking and Finance” and “Bankruptcy of Energy / Natural Resource Extracting Companies”

Earlier, the International Rating IFLR1000 included AGP’s Bankruptcy Practice in the list of recommended ones.

Bankruptcy related services:

Full-service support in bankruptcy proceedings

  • Development of the strategy and tactics of participation in a bankruptcy case and line of conduct in proceedings with account for client’s objectives

  • Legal support for the inclusion in the register of creditors/opposing the inclusion of unfriendly creditors in the register of claims, protection from unfair participants of bankruptcy cases

  • Representing creditors in their relationships with the arbitrazh receivers

  • Appealing from unlawful acts of arbitrazh receivers

  • Overall protection of clients’ interests in individuals’ bankruptcy proceedings

  • Protection (including elaboration of the protection strategy) of personal assets, including protection of the only housing

  • Advising on various bankruptcy law issues

Secondary liability / Deals contesting / Protection

  • Legal analysis of the current business activities and counselling on mitigation of the risks of imposition of secondary liability and contesting of transactions in case of bankruptcy

  • Protection of creditors, heads and beneficiaries of companies going into bankruptcy in litigations over imposition of secondary liability / recovery of damages

  • Contesting / protection from contesting of deals in bankruptcy

Bankruptcy compliance: legal due diligence, financial, tax audit of business activities with a focus on bankruptcy risks

  • Analysis of intra-group financing, deals with external contracting parties, focused on the identification of the risks of contesting thereof in course of bankruptcy proceedings and their impact on the financial position of the company, from the viewpoint of bankruptcy law provisions

  • Analysis of performance of heads and top-managers of companies from the perspective of the risks of imposition of secondary liability and recovery of damages in case of company’s bankruptcy

  • Analysis of activities of contracting parties with a view to prevent company’s risks that may arise out of their possible bankruptcy

  • Development of recommendations concerning modification of deal terms and conditions, intended to mitigate bankruptcy risks

  • Legal due diligence, organization of financial and tax audit of target assets, forecast of judicial assessment of transactions with assets in case of bankruptcy

Pre-bankruptcy settlement: package of measures aimed at bankruptcy prevention and keeping business afloat

  • Conduction of legal due diligence and organization of financial, tax and technical audit of the company and its assets

  • Identification of reasons for degradation of financial performance indicators, analysis of the assets and debt structure, assessment of the risk of bankruptcy

  • Development of the action plan aimed at avoiding of initiation of a bankruptcy procedure

  • Participation in negotiations with creditors and tax authorities about revision of debt repayment terms, elaboration of debt restructuring measures and implementation of measures designed to restore stable operation of business

  • Tax support: contesting unjustified additional assessments, counselling in course of tax audits, pre-judicial resolution of tax disputes and tax litigations

Practice Professionals
Alexey Gorodissky
Alexey Gorodissky
Partner | Attorney | RF Patent Attorney
Valentin Moiseev
Valentin Moiseev
Partner | Attorney | PhD (Law)
Dmitry Yakushev
Dmitry Yakushev
Counsel | Attorney
Practice Representation
Bankruptcy of a coal mining enterprise
Representing of a former owner of a large coal mining enterprise being in the process of its bankruptcy in connection with a claim for invalidation of sale and purchase agreements of participation interests in the charter capital of the mother company of the bankrupt enterprise (total amount of claims is 150 mln. US dollars)
Full-service support in bankruptcy of a foreign company
Protection of interests of a foreign company in the context of the bankruptcy proceedings involving its pool of assets located within the Russian Federation territory (this is the second case of such kind in the Russian Federation)
Secondary liability
Protection of interests of a former top-manager of a major Russian bank against a claim lodged by the bankruptcy trustee of bank’s affiliated company going into bankruptcy for imposition of secondary liability (total amount of claims is 1 tln. rubles)
Deals contesting/Protection
Protection of interests of a former owner of a large coal mining enterprise in a case over contesting of early repayment of a credit for an amount exceeding 38 mln. US dollars
Secondary liability
Successful defense of the former general director of a debtor company against the claim for secondary liability for the transactions made before the debtor was declared bankrupt.
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