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Comprehensive Management of Distressed Assets

2020

We guide our clients to overcome business crises, as we develop a brand-new practice team for distressed asset management.

The crisis phenomena observed in the global and Russian economy in recent years is driving a growth in the volume of distressed assets, which in turn are holding back the recovery and progress of business.

Our firm has highly relevant experience and extensive professional resources to offer our clients in the performance of financial investigations, the search for debtor assets and property all over the world, the contesting of transactions in court, the imposition of interim measures, the recognition and enforcement of decisions entered by the foreign courts, the handling of bankruptcy procedures, and the comprehensive management of distressed assets, with the possible financing of the respective procedures.

Our team has assisted our clients on many occasions, not only with respect to investigating past violations, but also in applying effective methods for identifying risks, as well as developing and implementing systems to prevent fraud and counteract the stripping and concealment of assets.

To work on these complex projects, we assemble a team of specialists from our firm’s other practice areas and also retain outside experts, including international ones. This makes it possible for us to take a highly effective, comprehensive approach to our clients’ needs by leveraging the specialized skills and sector-specific knowledge of our attorneys and business experts.

Professional achievements of the practice area

The international ranking The Legal 500 recommends ART DE LEX in the field of Dispute Resolution Litigation.

The Legal 500

The international ranking Best Lawyers names ART DE LEX managing partner Dmitry Magonya and practice-area head Artur Zurabyan as some of the best jurists in the field of dispute resolution and mediation, citing Dmitry Magonya once again in the field of international arbitration.

Best Lawyers

ART DE LEX is a recognized leader in the field of bankruptcy according to the law firm ranking directory Pravo.Ru-300.

Pravo.Ru-300

Comprehensive servicing of Russia’s largest group of private banks, including in its bailout of a Russian bank that was one of the top six banks in terms of the volume of issued loans.

Successful case  

Comprehensive management of problem debt in the interests of a major Russian bank: development of a strategy for the recovery of assets; representation of the creditor’s interests in the bankruptcy case of one of Russia’s largest developers.

Successful case  

Representation of the interests of a creditor bank: tracing assets, formulating grounds for the seizure and forfeiture of the property of an international company, a household appliance manufacturer conducting production and sales operations in Asia and Europe.

Successful case  

Services

Asset tracing
  • Searching for, and analyzing, information in open and specialized databases, accessible registers, social media and the mass media concerning individuals, their friends, family, relatives, and others with the aim of locating assets
  • Searching for information with the involvement of investigative specialists, with the aim of tracing assets, uncovering corporate structures, and identifying proxies and nominal directors
  • Facilitating the enforcement of decisions by the Russian courts and the levying of execution on located property
Asset freezing
  • Formulating a strategy for the freezing of assets
  • Handling related court processes
  • Obtaining court orders for the disclosure of information
  • Securing interim measures and the seizure of located assets
  • Handling criminal prosecutions
  • Securing the enforcement of decisions by the foreign courts
Asset recovery
  • Initiating litigation and providing court representation
  • Securing the seizure of located assets and property
  • Returning assets to the ownership of foreclosure subjects, simultaneously slowing or heading off the withdrawal of assets
  • Working on the recognition and enforcement of Russian acts in the relevant jurisdictions where assets are found
  • Representation in accompanying criminal prosecutions
  • Handling property foreclosures and levies of execution in foreign jurisdictions

Formulating and implementing a strategy to recover cash funds in the amount of RUB 30 bln, which the former top management of a bailed-out bank had siphoned off through a series of fraudulent transactions.

Anti-crisis asset management
  • Evaluating the financial condition of enterprises
  • Providing comprehensive legal support under bankruptcy procedures
  • Managing non-core assets
  • Creating programs for the reformation and development of enterprises
  • Restructuring accounts receivable
  • Corporate governance

Formulating and implementing a strategy to recover cash funds in the amount of RUB 30 bln, which the former top management of a bailed-out bank had siphoned off through a series of fraudulent transactions.

Developing and implementing a strategy to protect the rights and interests of a bailed-out bank in the bankruptcy of the bank’s former beneficiary.

Challenging certain transactions by the former controlling entities of a bailed-out bank, involving the siphoning off of assets to foreign jurisdictions. Our team recovered damages from the bank’s former beneficiaries in the amount of RUB 3.6 bln, uncovered schemes to siphon off more than RUB 40 bln in assets, and shut down further such attempts.

Formulating and implementing a strategy for the management of claim rights against a group of machine-building enterprises; bringing financial assets under the financial control of the strategic investor.

Industrial due diligence

Team

Managing Partner, Advocate, Head of International Economic Compliance
Partner, Advocate, Head of Real Estate and Construction Practice
Partner, Advocate, Head of Criminal Law Practice Area
Partner, Advocate, Head of the Dispute Resolution and International Arbitration Practices
Advocate, Restructuring and Insolvency Practice