Bankruptcy and Anti-Сrisis Protection of Business


Defended a bank's senior manager in a dispute concerning secondary liability for RUB 2.6 billion
The team from our bankruptcy and anti-crisis protection of business practice was successful in defending a bank’s senior manager against secondary liability amounting to RUB 2.6 billion. 
Provided comprehensive protection to companies and controlling entities of a group
Pepeliaev Group’s lawyers have successfully settled 14 individual disputes in the framework of the bankruptcy of a large Russian IT company and its controlling entities and 4 independent disputes not connected with bankruptcy cases.
Successfully protected one of the largest world banks and prevented the risks of its operations in Russia being discontinued
The team of our practice has successfully protected the interests of one of the largest international credit institutions in two disputes.
Identified risks for controlling entities in connection with sanctions and a planned transaction towards the refinancing of a loan
Our Bankruptcy and Anti-Crisis Protection of Business Practice has prepared a comprehensive legal opinion with an assessment of the financial and criminal law risks for the management, members, group companies and beneficiaries in connection with a planned transaction towards refinancing of a loan.
Successfully defending a contract for fiduciary management of a major shopping mall in a bankruptcy case
Our Bankruptcy and Anti-crisis Protection of Business Practice has proved the lawful nature of a fiduciary management contract that has been challenged by the debtor’s receiver on the ground that the management company has overstated the service fee and expenses.
Protecting a major international bank's rights to securities with a total value of nearly RUB 1 billion.
Pepeliaev Group's banking practice, together with colleagues from the bankruptcy and anti-crisis protection of business practice, had success in lawsuits, protecting a major international bank's rights.
Successfully protecting the interests of a large European bank in a case concerning another bank's bankruptcy
Pepeliaev Group's lawyers succeeded in protecting the interests of a major European bank in a case concerning another bank’s bankruptcy.
Pepeliaev Group has successfully defended a major foreign bank in a case concerning the deduction of expenses relating to futures transactions for profit tax purposes
A precedent-setting project of Pepeliaev Group: The Supreme Court has considered for the first time a case regarding the possibility of the withdrawal of a claim by a bankrupt debtor being challenged as a transaction.
Pepeliaev Group’s lawyers managed to prove in the Russian Supreme Court that the withdrawal of a claim may be challenged as a transaction by an extraordinary appeal of the court ruling to terminate the case and the claimant may provide in court new evidence that the withdrawal of the claim is invalid.
Pepeliaev Group’s lawyers have prevented secondary liability worth RUB 4.45 billion from being imposed on a client
The lawyers of Pepeliaev Group’s Bankruptcy and Anti-Crisis Protection of Business Practice have prevented secondary liability worth RUB 4.45 billion from being imposed on a client. 
Collecting bad debt on behalf of a Latvian bank using a bankruptcy mechanism

Pepeliaev Group’s lawyers protected the interests of a major Latvian bank within the framework of a comprehensive project to collect bad debt. Having initiated bankruptcy proceedings of borrowing companies and the bank’s sureties, we succeeded in: including claims of USD 8 million in the register of creditors; cancelling the decision of the arbitration tribunal on which an affiliated creditor’s claim was based; and in preventing the withdrawal of the debtor’s key assets that had been pledged as security for its loan obligations. We managed to initiate the proceedings under a simplified procedure based on an application filed by a foreign bank with respect to persons other than the principal debtors. This serves as grounds for these projects to be viewed as important and setting a precedent in terms of judicial decisions resulting from a check of whether bankruptcy applications are grounded.

Prevented the client from facing secondary liability of RUB 650 million

Pepeliaev Group’s specialists provided comprehensive support in a bankruptcy case representing former executives and the founder of the debtor. Thanks to the efforts of our lawyers the debtor was liquidated, the executives and the founder were released from secondary liability of RUB 650 million despite the fact that they had been found criminally liable for tax evasion. 

Challenging in court a decision of the tax authority regarding a field tax audit with respect to transactions with bankrupt counterparties

Pepeliaev Group's specialists successfully challenged a fiscal authority's assessment that the interest under credit agreements entered into with borrowers constituted additional income of the client bank when bankruptcy proceedings were under way involving such borrowers, over the period between the supervision procedure being initiated and the receivership proceedings being initiated. Moreover, our lawyers managed to prove that: there were no grounds for the tax authority to deny the bank a set-off of the profit tax withheld when the income was paid that had been received abroad; and there were no grounds to assess VAT on the value of the sold vehicles the bank received by foreclosing on the pledged property of borrowers who were individuals.

Prevented the risks of the client’s transaction being invalidated and the risk of assets being lost

The lawyers from Pepeliaev Group’s bankruptcy practice have prepared an opinion for the subsidiary of a major national oil and gas corporation with an assessment of the risks relating to the set off of the counter claims of the potentially bankrupt company. The legal analysis of the situation, as well as of legislation and case law, has revealed significant risks that the assets will be lost even if the debt of the insolvent contractor is settled by way of set off. Based on the recommendations prepared by our specialists the client took a business decision that ruled out financial losses. 

Provided comprehensive defence of the interests of a group of companies: assets worth RUB 2 billion have been preserved

As part of a bankruptcy case, Pepeliaev Group's lawyers represented major telecommunications company Sitronics as a creditor, a former shareholder and a counterparty of the debtor, as well as acted for other companies within the group. Our lawyers successfully defended the client in nine proceedings in which transactions were contested. This made it possible to retain the group's assets worth RUB 2 billion. Moreover, our specialists managed to have a claim denied for secondary liability to be imposed on the client and on the debtor's director. The project is interesting because it involves multiple aspects and it forms case law relating to the regulations on secondary liability being applied over time.