Restructuring & Insolvency

Our team has represented clients in major restructuring and bankruptcy cases. Our expertise includes client support at all stages of bankruptcy proceedings – from initiating a bankruptcy case to asset sale, distribution of bankruptcy estate and completion of proceedings. We advise and represent our clients in any isolated disputes in bankruptcy cases, including, among other things: inclusion in the creditor register; challenging questionable debts to affiliated and/or hostile creditors; challenging transactions on general and special bankruptcy law grounds; disputes relating to the sale of debtor’s assets by auction; claims for recovery of damages from company management and bringing them to subsidiary liability; challenging unlawful actions of and recovering damages from court-appointed trustees, and in many other disputes. We have extensive experience in handling court proceedings involving bank recovery.

Members of our team have represented, among others, clients in the following landmark disputes*.

  • Representing a nationalized Irish bank in Russian bankruptcy proceedings, corporate disputes, real estate disputes and parallel litigations and arbitrations in Ukraine, Ireland, Panama, and Belize. In bankruptcy cases lasting more than four years, we supported our client at all stages (from bankruptcy filings to the distribution of the bankruptcy estate and full completion of the bankruptcy proceedings) and were involved in all of the isolated disputes, many of which resulted in precedent-setting judicial acts
  • Representing a major Russian pension fund in a case in which a credit institution undergoing recovery procedure challenged in Russian court a number of transactions under bankruptcy law. The case was concluded with the court approving the settlement agreement providing for complex terms for restructuring multibillion claims
  • Advising a major Danish public agricultural holding in relation to debt restructuring with credit institutions and termination of mutual contractual obligations with Russian counterparties in relation to the holding’s assets in Russia. Drafting a settlement agreement and termination of proceedings in Russian court and international commercial arbitration as a result of its execution
  • Representing a Dutch bank in connection with a bankruptcy case involving its debtor and in a parallel dispute on the invalidation of loan agreements tried by a court of general jurisdiction, including before the Supreme Court of the Russian Federation
  • Representing a new owner of bank‘s shares acquired at a bankruptcy tender. Invalidation of a tender (a separate bankruptcy sub-case)
  • Representing a large alcohol company in connection with bankruptcy proceedings of an alcohol producer, including before the Supreme Commercial Court of the Russian Federation
  • Representing a U.S. government corporation in bankruptcy proceedings of top Russian banks – International Industrial Bank and AMT Bank (the amount of claims worth approximately US$200 million). Our work included advising on a USD 3bn dispute between the Deposit Insurance Agency and Sergey Yarmolinsky, as well as on a USD 2bn dispute against the former owner of International Industrial Bank – Sergey Pugachev
  • Defending Russian subsidiaries of an Austrian largest retail holding in more than 35 disputes and a number of bankruptcy proceedings, which related to the misappropriation of certain retail assets in more than 30 supermarkets in Moscow and Tula worth tens of millions of dollars and the pledge of those assets to top Russian banks
  • Representing a top Greek bank in a number of high-profile disputes before Russian courts with respect to the foreclosure over land plots as well as in subsequent bankruptcy proceedings of Russian subsidiaries of a Greek development conglomerate following a EUR40 million default under Greek law governed facility agreement. Our work included case law representation on issues of proof of foreign jurisdiction rules, retention of property between a prior and subsequent pledgee, and procedural succession issues
  • Representing German development conglomerate in several Russian disputes against a notorious businessman in St.-Petersburg emerging from pushing a Russian subsidiary into insolvency by concluding fake loan agreement and bringing the mother-companies to secondary liability for its debts
  • Advising a major German bank in a number of disputes against one of the largest agricultural companies in the CIS and its subsidiaries following a US$300 million default under English law governed facility agreements
  • Representing the receivers of a Russian businessman appointed by the English court to recover over USD 200 million in Russia, the UK, Luxembourg, France and the Caribbean
  • Representing a private investor and a group of his companies in a dispute with a major Russian agricultural company as a bond issuer and its guarantors in connection with the issuer’s default on bond obligations and subsequent bankruptcy proceedings in several Russian regions
  • Representing a major private energy generating company in a bankruptcy of a significant contractor in a dispute regarding subsidiary liability of its controlling persons, including former Minister for Open Government Affairs Mikhail Abyzov
  • Successfully representing a client before the Supreme Court of the Russian Federation in a landmark case related to disputing a bank transaction as a part of bankruptcy proceedings controlled by the Deposit Insurance Agency
  • Representing a foreign bank in connection with the protection of its assets valued in excess of RUB 20 billion in the multijurisdictional bankruptcy of an Irish billionaire

*This includes experience of our team members prior to joining RGP.

Contacts

Dmitry Kaysin

Landline +7 495 139 6538
Partner

Vladimir Pestrikov

Landline +7 495 139 6528
Partner

Yuri Makhonin

Landline +7 495 139 6519
Counsel

How to find us:

Rybalkin, Gortsunyan & Partners LLC
Entrance B, 5th Floor,
2, Tsvetnoy Boulevard,
Moscow, 127051,
Russia

Map

Landline: +7 495 139 6500
Fax: +7 495 139 6501