Bankruptcy and Insolvency Representation
Insolvency of companies and sole proprietors. Protection against subsidiary (vicarious) liability. Challenging transactions. Inclusion in the register of creditors. Representation at all stages of the proceedings.
Discuss my situationBankruptcy: protecting business interests
Insolvency law is one of the most complex and constantly evolving areas of law. A mistake in strategy can cost not only the loss of the company's assets, but also personal liability for its executives and owners.
We act for creditors, debtors and controlling persons. The objective differs in each case, but the approach is the same: assess the real picture, build a strategy and see it through to the result.
Clients come to us when
- a debtor counterparty fails to pay — you need to file for bankruptcy and recover the money
- your company faces bankruptcy — you need a defence strategy
- a director or owner faces subsidiary (vicarious) liability
- your transactions are being challenged within bankruptcy proceedings
- you need to join the register of creditors and control the procedure
- the insolvency officer is not acting in the creditors' interests
- bankruptcy is being used as a tool of pressure — you need protection
Practice areas
Protecting creditors. Filing a bankruptcy petition against the debtor. Including claims in the register. Challenging the debtor's transactions. Overseeing the actions of the insolvency officer. Recovery through subsidiary liability of controlling persons.
Protecting debtors. Preparing for the procedure and minimising losses. Debt restructuring. Challenging unfounded creditor claims. Settlement agreements.
Subsidiary (vicarious) liability. Protecting directors, participants and beneficial owners from being held subsidiarily liable. Contesting liability applications. Building an evidentiary basis of good faith and reasonableness.
Challenging transactions. Contesting suspicious transactions and transactions with preference. Defending transactions made in the ordinary course of business against challenge.
Bankruptcy of sole proprietors and entrepreneurs. Handling the procedure for sole proprietors, taking into account the specifics of personal property and obligations.
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15+
years of bankruptcy practice
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100+
bankruptcy cases
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30+
regions of presence
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3+
lawyers in the practice
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Case examples
Defence against subsidiary liability. The insolvency officer applied to hold the former director subsidiarily liable. We proved the reasonableness and good faith of his actions. The application was dismissed.
Register inclusion and debt recovery. A debtor counterparty entered bankruptcy. We included the client's claims in the register, challenged a number of the debtor's transactions and secured partial satisfaction of the claims.
Defending a transaction against challenge. Within the bankruptcy of a counterparty, payments to the client were challenged. We proved that the transactions were made in the ordinary course of business. The claim was rejected.
On your enquiry, we will select an example from our practice that is as close as possible to your situation.
Counterparty bankruptcy, a threat of subsidiary liability, or your company on the brink? Write to us — we will assess the situation.
Discuss my situationHow we work
Bankruptcy is not a single process but dozens of separate disputes within one case. Each requires its own strategy.
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1
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Situation analysis. We determine your role (creditor / debtor / controlling person), assess the scale of the risks and examine your procedural standing. |
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2
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Strategy. We select the tools: register inclusion, challenging transactions, defence against subsidiary liability, settlement agreement, replacement of the insolvency officer. |
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3
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Implementation. We represent your interests in all separate disputes, at creditors' meetings and in negotiations with the insolvency officer and other participants. |
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4
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Result. Recovery of funds (for creditors), preservation of assets (for debtors), removal of risks (for controlling persons). |
Fees
| Service | Fee | What is included |
|---|---|---|
| Defence against subsidiary liability | from RUB 100,000 | Full representation in the separate dispute |
| Inclusion in the register of creditors | from RUB 40,000 | Drafting the application, representation in court |
| Challenging / defending transactions | from RUB 80,000 | Representation in the separate dispute |
| Full bankruptcy support | by agreement | All separate disputes, meetings, negotiations |
| Consultation / risk assessment | from RUB 10,000 | Situation analysis, written opinion |
Questions and answers
A counterparty is going bankrupt — how do I recover the debt?
The first step is inclusion in the register of creditors (the deadline is limited). Next comes control over the procedure, challenging the debtor's transactions and, where grounds exist, holding controlling persons subsidiarily liable.
What is subsidiary (vicarious) liability?
It is the ability to recover a company's debts personally from a director, participants or other controlling persons if their actions made it impossible to satisfy creditors' claims.
Can you protect against subsidiary liability?
Yes. The key is to prove the good faith and reasonableness of the decisions made. We build the evidentiary basis and represent your interests in court.
Can transactions made before bankruptcy be challenged?
Yes. Suspicious transactions made 1–3 years before bankruptcy may be challenged. We help both to challenge transactions (on the creditor's side) and to defend them (on the counterparty's side).
Do you work with companies from other regions?
Yes. Bankruptcy cases are heard by commercial (arbitrazh) courts. We work through the "My Arbitrator" system and remotely.
A counterparty is going bankrupt: what to do right now
A checklist for owners: which deadlines are critical, what to check and which documents to prepare. Write "Bankruptcy checklist" and we will send it free of charge.
Get the checklistRelated practices
| Litigation
Separate disputes in bankruptcy
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Asset protection
Preserving property under threat of bankruptcy
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Tax practice
Tax debts as grounds for bankruptcy
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Corporate practice
Liability of directors and participants
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How to reach us
Counterparty bankruptcy, a threat of subsidiary liability, or you need a strategy — write to us:
Coverage
Our law firm handles bankruptcy cases in various cities across Russia (including Novosibirsk, Tomsk, Omsk, Barnaul, Krasnoyarsk, Kemerovo, Irkutsk, Vladivostok, Moscow, St. Petersburg, Yekaterinburg, Nizhny Novgorod, Kazan, Samara, Chelyabinsk, Rostov-on-Don, Ufa, Volgograd, Perm, Voronezh, Saratov, Krasnodar, Tolyatti, Sochi).
