Nikolay Pokryshkin and Elena Zaltser successfully added LLC Brunswick Rail claims worth in excess of RUB 700 million to the register of creditor’s claims for suppliers and lessees of railcars under 2 bankruptcy cases

Our partner Nikolay Pokryshkin together with lawyer Elena Zaltser successfully added LLC Brunswick Rail claims worth in excess of RUB 700 million to the register of creditor’s claims for suppliers and lessees of railcars under two bankruptcy cases.

Proceedings in the Krasnodar Krai Arbitration Court and the Novosibirsk Oblast Arbitration Court were complicated by parallel proceedings in the ICAC and in the Moscow Okrug Arbitration Court, as well as a demand for the attachment of the retired debtor’s assets worth more than RUB 500 million.

In order to protect the client’s interests in bankruptcy case No. А32-8438/2015 against OJSC Armavir Heavy Mechanical Engineering Plant (AZTM) it was necessary to establish the rouble equivalent of LLC Brunswick Rail’s US dollar claims under the supply agreement (failure to deliver railcars). The dispute was complicated by the fact that the assets had been withdrawn, preventing due recovery, as well as related parties being in control of the debtor’s bankruptcy proceedings.

The firm’s lawyers successfully obtained interim relief in the form of attachment of real estate worth about RUB 570 million, which was expropriated through a chain of transactions and transferred to a third party on the eve of bankruptcy, and they worked on the recovery of debt outside of bankruptcy proceedings. We initiated pre-investigation verification of beneficiaries and managers of the debtor, developed a PR campaign, researched the current and previously disposed assets, and established corporate and actual communication with involved parties through offshore companies.

At the same time, the firm represented a client in bankruptcy case No A45-23915/2015 against LLC Zapsib-Transservice. Initially, we represented the client’s interests in three parallel proceedings in the ICAC, however, due to the initiation of the bankruptcy case of Zapsib-Transservice, claims were finally reviewed by the Novosibirsk Oblast Arbitration Court. According to the results of the proceedings in the Novosibirsk Oblast Arbitration Court, the court found that all our client’s claims were substantiated.

The firm is currently representing the client in more than 20 bankruptcy cases against debtors in different Russian courts.