Case 4
EN

PROJECT:

AIM:

The return of funds to the creditor in the amount of more than 500 million rubles by identifying and challenging transactions made by the debtor in order to withdraw assets from creditors' foreclosure, and bringing persons controlling the debtor to subsidiary liability/compensation for losses.

IMPLEMENTED MEASURES:

 
The arbitration case on insolvency (bankruptcy) of the debtor has been analyzed in order to establish all the circumstances of the disputed transactions by the debtor, including the conditions and actual execution of transactions;
 
Possible grounds for challenging transactions provided for by the Civil Code of the Russian Federation, as well as the Federal Law "On Insolvency (Bankruptcy)" dated 26.10.2002 N 127-FZ have been identified;
 
A legal analysis of the positions of applicants and defendants in separate disputes on contesting transactions was carried out, a legal assessment was given to the judicial acts of the court of first instance issued following the results of consideration of separate disputes on contesting transactions, and legal positions were developed for the client when considering separate disputes on contesting transactions in the courts of appeal and cassation instances;
 
A comprehensive legal opinion has been prepared on the legal analysis of transactions disputed in the framework of the debtor's insolvency (bankruptcy) case, containing an analysis of the circumstances of transactions, the positions of applicants and defendants in separate disputes on contesting transactions, judicial acts issued as a result of consideration of separate disputes on contesting transactions, as well as legal positions for the client when considering separate disputes on challenging transactions in courts of appeal and cassation instances;
 
The client's interests were represented in court sessions of the courts of appeal and cassation instances in separate disputes on challenging the debtor's transactions;
 
The analysis of the materials of the debtor's insolvency (bankruptcy) arbitration case, as well as documents and information submitted by the client, was carried out in order to identify fictitious claims of creditors included in the register of creditors' claims of the debtor, as well as claims of persons affiliated with the debtor;
 
The necessary evidence has been collected of the fictitiousness of the claims of other creditors included in the register of creditors' claims of the debtor, as well as evidence of the affiliation of a number of creditors with respect to the debtor on the basis of membership in the same group of persons;
 
Substantiated applications for the revision of judicial acts have been prepared, on the basis of which the claims of other creditors were recognized as justified and subject to inclusion in the third stage of the register of creditors' claims of the debtor, due to newly discovered circumstances, due to the existence of grounds for excluding the claims of such creditors from the register on the basis of Article 170 of the Civil Code of the Russian Federation or subordination of their claims based on a judicial Review the practice of dispute resolution related to the establishment in bankruptcy proceedings of the claims of the controlling debtor and its affiliated persons (approved By the Presidium of the Supreme Court of the Russian Federation on 01/29/2020);v
 
The client's interests were represented in court sessions of the courts of the first, appellate and cassation instances in separate disputes on the revision of judicial acts, on the basis of which the claims of other creditors were recognized as justified and subject to inclusion in the third stage of the register of claims of creditors of the debtor, according to newly discovered circumstances;
 
The controlling persons of the debtor have been identified, the scheme of withdrawal of the debtor's assets by its controlling persons has been restored and a circle of persons has been established in respect of whom there are grounds for bringing to subsidiary liability for the debtor's debts and/or grounds for recovering losses caused to the debtor;
 
Substantiated statements have been prepared on the involvement of persons controlling the debtor in subsidiary liability for the debtor's debts and on the recovery of losses caused to the debtor;
 
The client's interests were represented in court sessions of the courts of first instance, appeal and cassation instances in separate disputes on bringing the controlling debtor to subsidiary liability for the debtor's debts and on recovery of losses caused to the debtor.

RESULTS:

As a result of the legal assistance provided to the client, claims based on fictitious debts were excluded from the register of creditors' claims of the debtor, as well as subordinated claims of persons affiliated with the debtor who made up a significant amount of the register of creditors' claims of the debtor, a number of transactions on the withdrawal of significant assets of the debtor at low prices in favor of affiliated persons were challenged, and a group of controlling the debtor of the persons was involved in compensation for losses caused to the debtor, which led to the return to the client of more than 80% of the amount of his claims against the debtor.