Commercial disputes

Before turning to legally significant debt collection procedures, a detailed and objective assessment of the debtor’s financial condition is carried out. The expert opinion formed at this stage predetermines the choice of the optimal solution for debt recovery and forms the basis of the strategy for the further behavior from the creditor’s party. As part of this procedure, we accumulate and analyze as much information as possible, where it is extremely important to have a real understanding of the entire structure of the debtor’s business, an adequate assessment of his assets, cash flows and his creditworthiness. These are all elements from the potential set of debt repayment sources that clearly indicate the possibility and feasibility of using alternative debt settlement options as the least costly procedure for the creditor. In the absence of such an alternative - on the optimal strategy for debt collection in court.

The involvement of a competent third party in the process of negotiating the settlement of financial issues often has a sufficient persuasive effect on the debtor and transfers the solution of the problem of debt settlement into a constructive plane. The stage of pre-trial settlement is also important because at this stage, the mandatory procedure for pre-trial dispute resolution established by law is observed, and the appropriate invoice is selected for its subsequent transfer to the arbitration court if it is impossible to resolve the conflict through negotiations.

The complex of activities includes:

• legal expertise of contracts (agreements) and other documents related to the debt;
• conducting correspondence and negotiations with the debtor;
• preparation and organization of a legally significant document flow to strengthen the position of the creditor, including as a potential plaintiff in the subsequent appeal to the arbitration;
• preparation of draft documents and support of the debt settlement transaction.

The scope of services provided under this practice includes the formation of a legal position, preparation of procedural documents, representation of the client’s interests in the arbitration court before adjudication of the case, presentation of an enforcement document, support of enforcement proceedings, including appeals against decisions and actions (inaction) of the bailiff.

The practice of participating in such extremely complex, time-consuming and very formalized procedures, which can last for several years, implies an open list of the volume of services provided to the client:

• to represent the client’s interests in court sessions when the courts consider cases of bankruptcy of the debtor;
• to submit applications for declaring the debtor as a bankrupt;
• to submit a claim of the creditor party for inclusion in the register of claims;
• to propose to the approval of the nomination of a temporary administrator, external administrator, bankruptcy Trustee;
• to submit objections to other creditors’ claims;
• to get review the materials of the bankruptcy case;
• to participate in the meetings of creditors (creditors’ Committee) of the debtor: make a decision on the introduction of financial recovery, external management, to apply to the arbitration court with a request to declare the debtor bankrupt and to open bankruptcy proceedings, to elect members of the creditors’ Committee, to determine the candidacy of the arbitration Manager, to choose the Registrar;
• to require the Manager to provide information about the debtor’s financial condition;
• to require the bankruptcy commissioner to provide information about the course of bankruptcy proceedings;
• to challenge the debtor’s transactions;
• to appeal the actions of the Manager in bankruptcy court, the SRO;
• to propose and approve the procedure and conditions for bidding for the sale of property and / or collateral.