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Bankruptcy

 

Aceattorney.International provides legal advice as follows: legal grounds for recognition of a debtor insolvent (bankrupt); order and conditions of realization of preventive measures of insolvency (bankruptcy); order and conditions of carrying out bankruptcy procedures in respect of legal and physical persons, including individual entrepreneurs; other issues associated with failure of a debtor to settle claims of creditor.

 

Furthermore, our law firm represents legal and physical persons (creditors and debtors) in the course of bankruptcy proceedings at courts.

 

Aceattorney.International counsels on the following matters:

 

- general issues associated with bankruptcy procedure (applicable law, elements of bankruptcy, proceedings at arbitration court, liability of a debtor-physical person and management bodies of a debtor, rights of creditors and authorities, meeting of creditors, creditor committee, interested persons, bankruptcy commissioners (court-appointed managers), publication of information provided by bankruptcy law, competence of federal executive authorities, government bodies and local authorities in the sphere of financial restructuring and bankruptcy);

 

- prevention of bankruptcy (preventive measures of bankruptcy, pre-trial sanation);

 

- initiation and termination of supervision (restrictions and obligations of debtor in the course of supervision, rights and obligations of temporary administrator, notification on initiation of supervision, dismissal of debtor’s head from office, convening, competence and resolution of first meeting of creditors);

 

- financial restructuring (ensuring performance of obligations by debtor according to debt repayment schedule, order and consequences of initiation of financial restructuring, management of debtor in the course of financial restructuring, competence of insolvency administrator, financial restructuring plan and debt repayment schedule, performance of obligations by persons provided security of performance of obligations by debtor according to debt repayment schedule);

 

- external management (order of initiation of external management, competence of administrator, disposal of property of debtor, external management plan, measures on rehabilitation of debtor’s solvency, sale of debtor’s enterprise, sale of part of debtor’s property, assignment of debtor’s right of demand, placement / distribution of additional ordinary shares of debtor, replacement of debtor’s assets, administrator’s report, settlements with creditors);

 

- bankruptcy proceedings (activity of administrator in bankruptcy, appraisal of debtor’s property, bankruptcy assets, order of creditor’s claims settlement);

 

- conclusion of an amicable agreement (affirmation, cancellation, particular issues associated with conclusion, consequences of non-performance);

 

- specific nature of bankruptcy of some classes of debtors–legal persons (city-forming organizations, agricultural organizations, financial organizations (insurance, professional participants of the securities market), strategic enterprises and organizations, subjects of natural monopoly);

 

- bankruptcy of a physical person (discharge of debts; order of creditor’s claims settlement, release a person from obligations, separation of property exempt from recovery);

 

- bankruptcy of individual entrepreneurs, peasant agriculture (farm) enterprises;

 

- streamlined bankruptcy proceedings (bankruptcy of a liquidating debtor, bankruptcy of an absent debtor);

 

- competence of state authorities ensuring prevention of bankruptcy of subjects of natural monopoly of fuel and energy complex;

 

- bankruptcy of credit institutions (preventive measures of bankruptcy, financial restructuring, restructuring of assets and liabilities, reorganization, founders’ (participants’) liability, liability of members of board of directors (supervisory board), leaders, competence of temporary administration, reorganization).

 

Other services:

 

- representation of creditors and debtors at courts in the course of bankruptcy proceedings;

 

- drawing up reconciliation protocol, filing applications, motions and complaints in the course of bankruptcy proceedings;

 

- representation of creditors and debtors in the course of bankruptcy proceedings on review of court’s decisions held summarizing the results of consideration of disputes in bankruptcy case.