RI-Consulting team has extensive experience (over 15 years) in anti-crisis management and bankruptcy, both in the interests of debtors (for restructuring existing debts) and creditors (to preserve the interests of creditors and stop unfair practices of debtors, including challenging rights of creditors included in the register of creditors, challenging debtor's transactions, etc.).
RI-Consulting interacts (on a permanent basis) with several SRO's arbitration managers, has considerable experience in contesting the debt on credit agreements to credit institutions that have been declared bankrupt, the experience of an active and passive position of creditors in bankruptcy proceedings as corporations, and financial (credit) organizations.
THE MAIN AREAS OF RE-CONSULTING'S INSOLVENCY AND BANKRUPTCY PRACTICE
FOR ORGANIZATIONS (DEBTORS) THAT HAVE SIGNIFICANT ACCOUNTS PAYABLE AND INTEND TO RESTRUCTURE IT:
- Preliminary analysis and development of the debtor's action strategy on accounts payable restructuring;
- Conflict negotiations with the debtor's creditors;
- Analysis of the risks of introducing insolvency (bankruptcy) procedures against the debtor and development of an action plan aimed at preventing premature actions of creditors in introducing insolvency (bankruptcy) procedures);
- Analysis of the debtor's transactions made before the date of the debtor's insolvency (bankruptcy) filing;
- Measures for the debtor's insolvency (bankruptcy) filing;
- Resolution of issues on restructuring of debt under credit agreements to credit institutions recognized as insolvent (bankrupt).
FOR CREDITORS:
- Insolvency (bankruptcy) procedures in relation to the debtor, assistance in selecting a bankruptcy trustee;
- Determining the category of accounts payable (current or to be included in the register);
- Contesting unfair actions of the debtor at the beginning of insolvency (bankruptcy) procedures;
- Securing the client's interests, as a creditor, in the insolvency (bankruptcy) procedure);
- Analysis of the debtor's transactions for their contestability, bad faith actions of the debtor before the beginning of the insolvency (bankruptcy) procedure and during the procedures;
- Challenging transactions, including on accounts payable included in the register of creditors' claims;
- Recognition of unfair actions of arbitration managers and bringing them to justice;Bringing the debtor's authorized bodies to subsidiary liability, etc.;
- Inclusion in the register of creditors' claims of credit institutions recognized as insolvent (bankrupt), including contesting actions of the bankruptcy trustee represented by the State Agency for Deposit Insurance on refusals to be included in the register of creditors' claims, etc.;
- Resolution of other disputes and issues accompanying the insolvency (bankruptcy) proceedings, including in the framework of separate disputes.
WHY WORKING WITH US
- Achievement of results in the interests of the Client;
- Confidentiality;Interaction with professional arbitration managers, auditors;
- Comprehensive support in bankruptcy cases (by lawyers in criminal cases and lawyers specialized in civil law - specialists in bankruptcy cases).
• Represented the Client in bankruptcy proceedings since 2017. The Client's task was accomplished - the Client and the Client's beneficiaries were prevented from being brought to subsidiary liability for the Debtor's obligations in the bankruptcy case in the amount of 1.059 billion rubles, and the debtor's controlling persons were also brought to subsidiary liability in the amount of 753 million rubles. • Provided legal assistance in revising under new circumstances the ruling of the Moscow Arbitration Court on approval of a settlement agreement and termination of bankruptcy proceedings in which Client was a creditor with 79 million rubles in claims and 901 million rubles in unexamined claims. RI-Consulting has achieved the task set by the Client, as the ruling of the Arbitration Court of Moscow on approval of amicable settlement was cancelled under new circumstances. The proceedings on the company's bankruptcy case were resumed. • Services in several lawsuits against a counterparty, against which bankruptcy proceedings were initiated, as well as against affiliates of the debtor. As a result of the litigation, the courts of the first, appellate and cassation instances fully denied opponents's claims, citing an abuse of right, and denied further review of judicial acts.
Represented the Client in insolvency (bankruptcy) proceedings against the company and bringing it to subsidiary liability in the amount of 1.45 billion rubles. As a result of the prepared position, the objectives of the court's denial of claims against the Client were achieved
Resolution of a corporate conflict with a company member and representation in a number of court disputes on claims of the member and termination of enforcement proceedings against the Client, lasting more than several years, through which the company member was illegally enriching himself and blocking the company's activity. Client's task was achieved, enforcement proceedings against the company were terminated by the court on the grounds of impossibility of execution of court decision.
