Bankruptcy as a means of getting money from the debtor – that is the reality of today.

Court practice shows the possibility of challenging transactions on withdrawing assets, of calling to subsidiary liability real owners and not only official administrators. How to get the withdrawn assets? Nowadays this question is a matter of time and expenses. Criminal proceeding of fraudulent partners is also one of the latest tendencies in court that helps to recover money.

Bankruptcy of Legal Enteties

There are a lot of examples in the practice of the Law Firm Aspect when thoroughly organized legal proceedings resulted in full repayment of the debts to our Clients.

Our services in the sphere of bankruptcy of Legal Enteties:

 – supporting the procedure of inclusion into the creditor requirements registry;

– representing the creditors’ interests at all stages of bankruptcy procedure;

– contesting debtor’s invalid transactions, recovering illegally withdrawn assets;

– calling the director, participants and persons controlling the debtor to the subsidiary liability for the debt;

– recovering debts caused by the director or/and participants

– preliminary risk assessment of transactions with the companies showing signs of insolvency;

– legal support of the debtor when planning and conducting bankruptcy proceedings;

– liaison with self-regulated organizations of insolvency officers, representing insolvency officers in court;

– contesting illegal actions of insolvency officers;

– legal support of criminal investigations connected with the activities of fraudulent debtors, criminal cases with theft of the debtor’s property, premeditated or fictitious bankruptcy.

Bankruptcy of Physical Persons:

Bankruptcy is an additional means for physical persons to repay the debt, including via subsidiary liability of the leading administrator and the subsequent personal bankruptcy. Implementing this procedure allows us to increase the bankruptcy assets of a physical person, when the head of the organization is called to subsidiary liability and recognized a bankrupt for not repaying the debt. The current law doesn’t release the head of the company from recovering the company’s debt during the procedure of personal bankruptcy.

Our services in the sphere of bankruptcy of physical persons:

auditing risks in terms of calling to subsidiary liability, recovering damage from the head of the company;

– initiating personal bankruptcy of the head of the company as a result of calling to subsidiary liability and damage recovery;

– representing the creditors’ interests at all stages of bankruptcy procedure;

– contesting debtor’s invalid transactions, recovering illegally withdrawn assets;

– contesting illegal actions of insolvency officers.

On the page Analytics you can find articles on frequently asked questions in the sphere of bankruptcy (signs and criteria of bankruptcy, procedures, consequences, subsidiary liability etc).

Specialists in this sphere

Elena Fyodorova (Partner, Head of Practice Litigation)

The results of the law companies annual ratings conducted by the Russian National Rating Pravo.Ru-300 show that Law Firm Aspect included nomination The best regional law firms in Russia in Bankruptcy
in 2018
EXAMPLES OF ARBITRATION CASES FROM PRACTICE OF “Aspect” Law Firm
DEBT FULLY RECOVERED AS A RESULT OF ACTIVE UNCONVENTIONAL ACTIONS
THE DAMAGES IN THE AMOUNT OF 10 MILLION RUB HAVE BEEN RECOVERED IN FAVOUR OF THE CLIENT
CLAIM VALUE OF 1,16 BILLION RUB INCLUDED INTO THE CREDITOR REQUIREMENTS REGISTRY
DIRECTOR AND PARTICIPANTS OF THE MANAGEMENT COMPANY DEFENDED FROM THE SUBSIDIARY LIABILITY VALUED AT 80 MILLION RUB
EXCLUDING FROM THE CREDITOR REGISTRY THE REQUIREMENTS VALUE OF 70 MILLION RUB AS A RESULT OF REVISING A CASE BECAUSE OF NEW FACTS REVEALED
DEFENSE OF THE FORMER DIRECTOR FROM INVALIDATING THE TRANSACTIONS AND REDEMPTION OF 97 MILLION RUB
INVALIDATION OF PAYMENTS, MADE AFTER THE BANKRUPTCY CASE WAS INITIATED
DEBT RECOVERED VIA BANKRUPTCY PROCEDURE
BANKRUPTCY PROCEDURE SUCCESSFULLY COMPLETED, THE PARTIES REACHED AN AMICABLE AGREEMENT
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