Inclusion of RUB 51 mln rubles into the list of creditors’ claims.
A party to the transaction under the public defense contract failed to pay off its debts on time. It did not take long to institute bankruptcy proceedings. The creditors’ claims amounted to millions of rubles.
Two companies to which the debtor had not yet paid the money asked us to support them in court. Our specialists aimed at including RUB 27.5 mln worth of claims (including RUB 3 mln of penalties) for one company and RUB 24 mln worth of claims (including RUB 2 mln of penalties) for another company into the creditors’ list. How to achieve inclusion of large amounts into the creditors’ list when increased attention is given to the relevance of creditors’ claims, which has become standard practice in recent years?
Case was handled by
A party to the transaction under the public defense contract failed to pay off its debts on time. Bankruptcy proceedings were initiated.
Two companies to which the debtor had not yet paid the money contacted us to support them in court. The task of the lawyers was: to ensure that RUB 27.5 mln worth of claims (including RUB 3 mln of penalties) for one company and RUB 24 mln worth of claims (including RUB 2 mln of penalties) for another company were included into the creditors’ list.
The complexity of the case: in bankruptcy cases, the formal availability of documents is not sufficient to make claims included in the creditors’ register. Judicial practice requires a creditor to prove that it really could have provided the disputed services and delivered the goods. The complexity of the case: other creditors were intensely challenging our claims. The client did not have a significant portion of the documents on hands since they had been previously seized by law enforcement agencies.
The lawyers did the following:
1. Proved a number of additional facts:
- the goods were actually purchased for subsequent delivery;
- third parties were contracted for transporting the goods and the delivery was paid for and was actually made;
- activities relating to the disputed transactions were recorded in the accounting and tax records;
- the transaction was economically feasible.
2. Closely communicated with the police to obtain all the necessary documents. It was those papers that proved that the services had been actually provided.
3. Confirmed through the federal tax authorities that all disputed transactions were recorded not only by our client but also by the bankrupt itself long before its insolvency.