Unfortunately, sometimes companies have to face the need for a bankruptcy procedure, which in fact turns out to be a difficult and exhausting undertaking. Undoubtedly, in this case it is impossible to start it without serious legal support and control over the each stage. Experts of DAYLIGHT Law Firm will guide You through all the bankruptcy phases as safely and competently as possible.
Whoever You are in a bankruptcy case (debtor, bankruptcy creditor, party to the disputed transaction, prosecuted person, manager, former manager, shareholder or debtor participant, arbitration manager or tenderer), we will develop and implement an optimal security plan to protect Your interests.
DAYLIGHT Law Firm has considerable experience in maintaining control over the course of bankruptcy procedures and combating fictitious debts; it is well versed in substantive and procedural law, as well as in judicial practice and application of the Bankruptcy Law.
MANAGEMENT OF RISKS ASSOCIATED WITH BANKRUPTCY
REPRESENTATION OF INTERESTS IN CASE OF INSOLVENCY (BANKRUPTCY)
The client contacted DAYLIGHT Law Firm on issues related to the legal support of the bread-baking complex daily activities. During the analysis of the current situation, it turned out that the Client has current payables to the Federal Tax Service in the amount of 51 million rubles.
At the end of 2017, the Federal Tax Service appealed to the court to declare the bread-baking complex a bankrupt. In the course of inclusion in the register of claims by other lenders, as well as preparation for the first meeting, the following became clear. The FTS has a voting requirement of 40%, the rest of creditors - more than 55%. Due to this circumstance, the lawyers of DAYLIGHT Law Firm offered the optimal solution - the introduction of an external management procedure that would allow the enterprise to continue its activities and development without pressure from the FTS side.
In addition, as part of the bankruptcy procedure, the actions of DAYLIGHT Law Firm did not allow former shareholders and former management of the company to join the register of creditors' claims, since their claims were based on unconditional loan agreements. Considering the practice related to the subrogation of claims, unconfirmed claims for the amount of more than 20 million rubles were not included in the register of creditors.
In September 2017, even before the introduction of bankruptcy procedures, DAYLIGHT Law Firm helped to meet the requirements of all employees of the company and pay wage arrears for 2016-2017.
In June 2018, the plan for the introduction of the external management procedure was implemented.
DAYLIGHT Law Firm was approached by a client who wanted to file a lawsuit against a counterparty who refused to pay for the services rendered. The founder of the company-counterparty, as well as its CEO, was the same individual.
Lawyers of DAYLIGHT Law Firm appealed to the court, which decided in favor of the Client to recover the debt from the counterparty. The natural person, the founder of the counterparty, refused to pay the debt, appealing the fact that the debt arose against the legal entity, and not him as an individual.
By virtue of the fact that Chapter III.2. of Federal Law dated 10.26.2002 N 127-FZ (as amended on 01.07.2018) "On Insolvency (Bankruptcy)" defines the subsidiary responsibility of the company's head, then the client has the right to contact the director - the only participant as an individual and recover the debt from him. DAYLIGHT Law Firm used this circumstance in drawing up a claim against an individual who was a debtor, and the court allowed the claim, and the debt was paid to the Client in full.