Bankruptcy and Debt Restructuring
Many clients face a situation where a debtor undergoes liquidation or bankruptcy, its property having been in advance funneled to a subordinated entity. This impedes or even disables debt recovery.
There are also situations quite to the contrary: where a creditor initiates a groundless bankruptcy procedure in respect of a debtor and endeavours to initiate criminal proceedings against debtor’s officers for an allegedly premeditated bankruptcy, disturbance of compensation of creditor’s losses or for avoidance of satisfaction of accounts payable.
In our portfolio we have a large number of projects involving even non-standard and hard cases, both on the part of creditors (or good faith purchaser of property) and on the part of debtors (debtor’s officers) in courts or in the course of inspections of law enforcement agencies.
Our services
Protection creditors’ interests during bankruptcy proceedings
REVERA’s lawyers’ activities in this area comprise assistance to creditors and protection of creditors’ interests in situations involving debtor’s actual or prospective bankruptcy:
- Consulting on risk management issues involving economic insolvency (bankruptcy);
- Representation of creditors in bankruptcy proceedings;
- Protection from actions by temporary administrators / crisis managers;
- Representation at creditors’ meetings;
- other.
Узнать больше
Debt collection
REVERA’s laweys assist clients in:
- Consulting on prospective debt collection, in particular from foreign trade contracts;
- Determination of appropriate defense techniques;
- Preparing documents required to collect debt by way of notary’s executive inscription, writ proceeding or action proceeding;
- Representation in foreign courts, arbitration proceedings.
Implementation of corporate procedures to work with debit debts
REVERA’s lawyers will assist your company in creating and implementing ‘turnkey’ business processes to recover receivables. We will train your employees and prepare all required documents. As a result, you will be able to handle receivables with a comprehensive approach and will save your legal expenses.
Узнать большеDebt collection involving debtor’s liquidation
REVERA’s lawyers will render assistance in protecting creditors’ interests in situations involving debtor’s good or bad liquidation:
- Collecting debt from debtor being wound-up;
- Consulting on procedures/consequences of rendering a liquidation resolution;
- Representation of creditors in debtor’s liquidation procedures;
- Challenging liquidator’s unfair acts;
- other.
Projects
Recognition and Enforcement of a Foreign Court Judgment for a Leading Uzbek Bank
REVERA successfully secured the recognition and enforcement of the foreign court judgment in Belarus. The client’s rights were effectively protected, and cross-border risks were minimised.
Debt Recovery in Belarus Based on a Russian Court Decision
REVERA successfully secured the full recovery of a debt in Belarus based on a Russian arbitral court decision after the debtor violated an approved installment plan. The team managed the entire enforcement process, ensuring the client received all awarded funds.
Debt Recovery and Prevention of Unlawful Termination of a Supply Contract
REVERA’s lawyers proved the buyer’s unilateral refusal to perform the contract to be unlawful and secured the conclusion of a mediation agreement under which the outstanding debt was fully repaid, including the costs of completing the goods.
Debt recovery from a Cypriot company in international arbitration
REVERA achieved the recovery of a debt from a Cypriot company in international arbitration. Despite the absence of conventional documentary evidence, the team substantiated the performance of services and secured a favorable award for the client in under seven months.
Cheminova
REVERA’s lawyers protected the rights of a Danish agrochemical corporation seeking to collect a large debt. The dispute was complicated in that a debt transfer agreement had been concluded involving a certain term and initial debtor’s bankruptcy. Therefore our attorneys also represented the client with respect to the voidness of the agreement clause on debt transfer.
A EU company, a leader in producing crop protecting agents
Representation of client as creditor in a major bankruptcy case. Amount of debt exceeded 3.5 million US dollars.
Preventing bankruptcy of ImmobilienInvest
REVERA represented a developer of a large fitness centre in Minsk. Investor initiated a bankruptcy proceeding, which might entail significant losses for our client. REVERA’s attorneys succeeded in halting the bankruptcy proceeding. Due to this success, the client managed to save a large real estate unit, that he had backed with a significant investment.
Searching for debtor in Macedonia
Svitanak OJSC: REVERA developed an action strategy to find a missing counterparty from Macedonia and to collect debt under a supply contract.
Recovering 1 mln euros for “Vysoki Zamok”
“Vysoki Zamok” is a major construction company. Our attorneys represented “Vysoki Zamok” as general contractor in a construction dispute with a customer. As a result, a debt of over 1 mln euros was collected in full, as well as currency translation differences.
PromLeasing
Representation of client in disputes with CEO involving debtor’s bankruptcy and a claim seeking invalidation transactions worth over 700,000$
Protection against bank’s lawsuit
Successful defense of our client, Pani investment & construction company, from a bank’s lawsuit. Background: prior to initiating a bankruptcy procedure, a corporate debtor borrowed 2 million US dollars from our client and took out another loan from a bank. However, the debt was not repaid, therefore bank decided to demand abrogation of our client’s agreement with debtor, in order to raise the prospect of collecting the debt. At present, over 50% of the amount owed has been repaid to the client.
JYSK
We monitored client’s recovery of debt from CourierBy LLC that had been dissolved and turned bankrupt. Whereas the initial debt sum amounted to 250 thousand USD, REVERA’s lawyers managed to decrease it to ca. 100 thousand USD.
US-based pharmaceutical company
Representation in court in a case seeking to bring debtor’s CEO to subsidiary responsibility to the amount of over 100,000 $.
Protecting business owner
Successful defense from tax inspectorate’s claims seeking bringing to subsidiary responsibility to the amount of over 300,000 $.
A major Scottish coal supplier
Representation of a major Scottish coal supplier in a dispute with state trading company seeking to collect a debt of over 4.5 million USD.
GlaxoSmithKline
Analysis of accounts receivable of a major global pharmaceutical company, elaboration and implementation of a scheme for extrajudicial debt collection via concluding debt transfer agreements with subsidiaries.
A major international pharmaceutical company
Elaboration and implementation of an extrajudicial debt servicing scheme.
Protecting investor’s interests
Elaboration of a strategy to protect interests of a developer of a major multi-functional shopping mall in its relations with a lessee under a preliminary lease agreement, involving lessee’s winding-up and potential bankruptcy.
Protecting interests of bond holders
Consulting bond holders on procedures and collectability with respect to bond obligations, elaborating an action strategy to collect the debt in a situation involving liquidation of the issuer.
Protecting interests of a bank
Consulting a major Belarusian commercial bank regarding debt collection in a bankruptcy proceeding, elaborating an action strategy to protect bank’s interests. REVERA’s lawyers prepared a legal opinion regarding restoration of period for creditor’s demand and the tools required to change the priority of claims.
Successful initiation of a bankruptcy procedure
REVERA’s attorneys successfully initiated a bankruptcy case in regard to a debtor being wound-up. The case was complicated in that the debtor was repeatedly entering and exiting the liquidation procedure, which created substantial difficulties in opening a bankruptcy procedure.
Показать все
