Restructuring / Bankruptcy
Asters, a full-service Ukrainian law firm, demonstrates a fast-moving restructuring and insolvency practice. Throughout 2013 the firm offered clients, Ukrainian collection agencies, leading international banks, expertise covering all debt restructuring issues. For example, the team represented Swedbank in negotiations on the restructuring of debts by eight Ukrainian corporate debtors and represented a client in insolvency proceedings of its debtors. In another case, Asters represented Ukrborg LLC in various matters, related to bankruptcy proceedings of client’s debtors. Reputed partners Oleksiy Didkovskiy and Armen Khachaturyan managed the projects.
Sayenko Kharenko’s debt restructuring practice draws on the firm’s expertise in finance, dispute resolution and liability management. Apart from debt restructuring projects, the firm maintains a strong reputation for bankruptcy work. Highlights from 2013 include engaging in the restructuring of loans to Karavan group; representing major domestic bank in the course of restructuring of the USD 23 million credit facility to Natalka Shopping mall in Odessa; acting for an international bank in a court case related to the bankruptcy of one of its borrowers. The firm is currently involved in a number of other comprehensive restructurings and bankruptcy cases, predominantly representing creditors. Partners Michael Kharenko and Nazar Chernyavsky are known for counseling benchmark restructurings. Sergey Pogrebnoy,litigation head, leads many of the team’s most high-profile engagements.
Debt restructuring remains one of the key offerings of the Kiev team of DLA Piper. Being known for representing Donetsksteel, a major Ukrainian steel producer, for a number of years in its debts restructuring, the firm is acclaimed for complex cross-border work. The team is currently representing a Ukrainian borrower in restructuring of its more than USD 100 million debts with the EBRD. The team recently advised a large Ukrainian business group on the restructuring of bonds of Reachcom Public Limited for a total amount of USD 50 million and restructuring of bonds of Magyar Telecom for a total of EUR 345 million. Illya Muchnyk and Rodion Ignatenko are key figures of the restructuring team, as led by partner Oleksandr Kurdydyk.
Dentons has an extensive client portfolio comprising leading banks and international financial institutions. The Kiev office is frequently enlisted for large scale debt restructuring and refinancing transactions, bankruptcy and enforcement of claims in Ukraine. Recently Dentons represented ING Lease on a sale of the lease portfolio for the amount of UAH 500 million to the leasing company OTP Leasing and a global transport association in connection with bankruptcy of a Ukrainian transport company. Natalia Selyakova, head of banking and finance practice group in Ukraine, is the main contact.
Given rapid growth of its banking clients base, in 2013 LCF Law Group demonstrated boosting restructuring practice. The group acted as legal adviser in a number of restructuring of credits as well as refinancing of debtors. In a recent highlight the team represented Alfa-Bank in restructuring of USD 45 million loan extended to the Plant of Construction Materials No.1 (Kherson Region). Partner Anna Ogrenchuk and Sergiy Ignatovsky are the main practitioners.
Ilyashev & Partners is one of the top recognized legal counsels in the Ukrainian bankruptcy field. The firm acts on the large scaled insolvency projects. The strong litigation focus of the firm added to the practice disputes related to collection of debts and foreclosure on pledged properties. Notable highlight was its numerous projects for the BTA BANK, Nadra Bank, Sumykhimprom, JSSC Ukrrichflot, ProCredit Bank, Ukrayina Department store. Mikhail Ilyashev and Roman Marchenko are highly recognized practitioners.
Lavrynovych & Partners serves both creditors and debtors to support bankruptcy proceedings and debt restructurings. Recent highlights include acting for a major domestic metallurgical enterprise Dnepropetrovsk Iron and Steel Works named after Dzerzhinsky on restructuring of debts; rendering advice to Coface on indebtedness restructurings; advising VTB Bank on bankruptcy of a large dairy plant. Stanislav Skrypnyck, partner, is a head of practice, and is supported by Artur Kiyan, associate.
Alekseev, Boyarchukov & Partners has years of experience of debt restructuring and bankruptcy work, corporate recovery on a national level. The reported total value of projects exceeds USD 500 million. The team, led by both founding partners Sergey Alekseev and Sergey Boyarchukov, is especially known for representing creditors, namely banks on insolvency procedures commenced by unfair debtors all over Ukraine. The highlighted workload of the past year covered representation of Ukrsotsbank in respect with restructuring and sale of debt by the leading Crimean construction company as well as debt collection for account of mortgage property the group of companies ISA Prime Developments Join Enterprise NSI Construction and others. The firm handled instructions from Bank Forum and supported Dneproshina in bankruptcy proceedings, inter alia, liquidation. Oleksandr Tkachuk is another important practitioner of the firm.
Bankruptcy in 2013, just like before, remained one of the most prevalent practices of Gramatskiy & Partners. Throughout the past year the firm supported 30 bankruptcy proceedings of various companies. The largest cases from the recent workload include bankruptcy proceedings of Kvant, Piastrella-K, LLC Ukrtechnocom, Stroyexim, Germes-trading. In particular, the firm obtained a rich portfolio supporting judicial and extrajudicial bankruptcy proceedings involving banks, these are cessation and contestation of bank burdening, moratorium on the demands of a bank-creditor, participation of a bank in the committee of creditors, work of banks with administrators, appeal against actions of other participants, concluding amicable settlements. Recent actions also include supporting the debt restructuring of Promkabel Electrica at Bank. Andriy Trembich and Bogdan Chaban are key practitioners.
Provision of the legal assistance as to bankruptcy and restructuring is one of core specializations of Sokolovskyi & Partners. The team specializes in problem assets, in particular in assets of high tax risks zone, criminal law, development of partly standardized plans and instructions to carry out bankruptcy proceedings and debt restructuring. In 2013 the team has been engaged in 10 bankruptcy proceedings. Vladyslav Filatov is a practice head and is supported by attorneys at law Ivan Balytskyi and Bohdan Iliashov and legal adviser Oleh Mykhaliuk.
The debt restructuring practice of Clifford Chance draws up its well established banking and finance group, as led by Jared Grubb and Olexiy Soshenko. The group is enlisted for handling continuous large-scale benchmark restructuring mandates in the country. The recent project portfolio illustrates firm’s enlistment for acting on the lenders side. Such prominent names as ING, BNP Paribas, Crédit Agricole CIB and UniCredit take advice of Clifford Chance.
The Ukrainian branch of Baker & McKenzie is a preferred legal counsel for international clients claiming the debts of Ukrainian borrowers in course of their bankruptcy proceedings, as well as handling loan restructuring mandates. The firm has been involved into one of the most significant restructuring projects in Ukrainian metallurgical business. Serhiy Chorny, co-managing partner of the Kiev office of Baker & McKenzie, known for banking and finance expertise, is a reputable market professional. Ihor Siusel, partner, is another important figure of the practice.
Arzinger has extended its client base of its banking and finance practice along with support to banks as to protection of their creditor’s claims against debtor insolvency. The team, as supervised by founding partner Sergiy Shklyar, protected the interests of lenders Pravex-Bank, OTP Bank and Swedbank in 5 bankruptcy proceedings set up as relating to their debtors. Arzinger is a steady player in restructuring sphere, enlisted by foreign lenders, as Bank Austria, Volksbank, Ramirent Oyj, Cramo Oyj. In a recent highlight the firm advised Bank Austria on the restructuring of a USD 30 million loan facility provided to a Ukrainian real estate developer for construction of a logistic center in Odessa Region. Evgeniy Kozarenko is referred to by the market as a bankruptcy expert.
Vasil Kisil & Partners’ debt restructuring and bankruptcy practice was involved in a dispute against defaulting borrowers regarding collection of non-performing loan with accrued interest on behalf of foreign bank. Yulia Kyrpa, partner, head of banking and finance team, advised the EBRD on Ukrainian law matters with regard to restructuring of the indebtedness which accumulated under a USD 36 million loan agreement designated to fund the development of a waste coal reprocessing business. Yaroslav Teklyuk, partner of the dispute resolution practice group, led the team that represented a Ukrainian subsidiary bank of Swedbank in a series of disputes with Ukrainian borrowers regarding collection of outstanding receivables and mortgages under loan agreements, for a total of over USD 150 million.*
* In April 2014 Yaroslav Teklyuk became the head of the legal department of the National JSC Naftogaz of Ukraine.
In August 2014 five partners – Denis Lysenko, Mariya Nizhnik, Anna Babych, Oleksandr Mamunya and Yulia Kyrpa left Vasil Kisil & Partners and established Aequo law firm.
The recent caseload of AstapovLawyers international law group includes liquidation via bankruptcy procedures, debt restructuring, corporate recovery. The group acted for GreenCo, service of collection, transportation and utilization of solid domestic waste, on comprehensive restructuring and bankruptcy and LLC Petrovich on liquidation via bankruptcy. The group acted for creditors in terms of bankruptcy proceedings. Partners Tatyana Kuzmenko and Oksana Kneychuk are the core practitioners.
Gryphon Investment Consulting Group has a key focus on supporting banking and finance sector. The past year has brought a steady flow of restructuring work. The team supported large financial and industrial groups, a large Ukrainian bank, commercial credit companies in debt restructuring of their debtors, tax planning and structuring of problem debts restructuring, purchase of portfolios of bad debts. The team of managing partner Helen Lynnyk, head of legal consulting Anna Chepur and partner Vasyl Marchenko, provided legal and tax support to manage debtor indebtedness for a total in excess of USD 600 million.
Egorov Puginsky Afanasiev & Partners (EPA&P) commands expertise in comprehensive restructuring projects, acting for both lenders and debtors. Recent work featured with large scaled cross-border restructuring mandates and recognition of foreign bankruptcy proceedings in Ukraine. Since Olga Khoroshylova, partner, left the firm in October 2013, Roman Stepanenko has become the new practice head.
ENGARDE attorneys at law dealt with a number of insolvency proceedings as well as the restructuring of debts representing mainly lenders. PJSC Bank Forum instructed the firm on several mandates, in particular USD 80 million debt restructuring from The Kontinium Group and USD 20 million debt restructuring from bakery and desserts company Yarich. The team of Andiy Vyshnevsky acted for a creditor in terms of the insolvency of PJSC Nikolaev Shipyard Ocean, one of the biggest Ukrainian shipyards.
Moris Group is active in debt recovery cases. The group represented VAB Bank in a number of disputes with various Ukrainian companies regarding debt recovery under loan agreements and right to the recovered real estate objects which had been in mortgage under the mortgage agreements to the total amount of USD 48 million. The group represented VAB Bank in a series of disputes in connection with bankruptcy procedure on application of debtors, including LLC Kalganoff Distillery and LLC Plasma. The team includes two partners Maryan Martynyuk and Volodymyr Kostyuk, and senior associate Volodymyr Rak.
In 2013 FCLEX, a Ukrainian law company with distinctive enlistment on industrial manufacturers as its clientele, advised on amendments to loan agreements to local ore mining facilities. The team, as led by senior partner Victor Barsuk is involved in a large scale project of bankruptcy proceeding over a Ukrainian company — as regards recognition of creditor claims coming to a total of USD 322 million. The company is engaged in USD 40 million bankruptcy proceedings in Cyprus over a holding company owning significant interests in large domestic petroleum producing companies. FCLEX is also engaged in a number of complex cases combining in and out of the court activity of debt restructuring. For example, the USD 48 million debt of Cheese Club to the Finance and Credit Bank. Partner Oleg Malinevskiy is another key figure in the team.
Jurimex Law Firm continues to work with Ukrainian business and state enterprises, rendering support in bankruptcy and liquidation proceedings. In a recent case the firm supported the liquidation of LLC Majestic and bankruptcy of subdivision of a state enterprise. Given the firm’s engagement in securities operations, the subsequent debt restructuring practice had a busy past year. The team advised LLC Elektroteh on restructuring of its liabilities as issuer of bonds to bond-holders, carrying out deals of buying and selling of real estate, as well as on its bankruptcy proceeding. Partner Bohdan Shapoval is a key practitioner.
S.T. Partners, a compact local practice, has a distinctive share of debt recovery disputes in its caseload. Recently the firm provided support to foreign logistics and housing companies in debt recovery trials and represented a Ukrainian bank in a bankruptcy lawsuit against its debtor. On the restructuring side, the team acted for Ukrainian businesses in the restructuring of a credit line. Managing partner Sergiy Tyurin is a key contact of the firm.
Ensuring legal needs of its clients in Ukraine, Wolf Theiss represented a Ukrainian subsidiary of Geveko Industri Holding AB in insolvency proceeding against the subsidiary enterprise Kiev Region Road Authority of the State Joint Stock Company Ukrainian Motorways. Taras Dumych, the Kiev office managing partner, is the main contact.
The Kiev office of Schoenherr enjoys comprehensive restructuring projects, while the CEE network enhances its cross-border capabilities. In a recent highlight the firm advised Firtox Business Ltd on restructuring of project finance for the acquisition of a 5-star hotel development project in downtown Kiev from a major European bank. Denys Sytnyk leads the banking and finance practice.
Yuliya Khomych as partner at Zavadetskyi, Khomych Advocates represented OTP Bank in the restructuring of USD 50 million loan indebtedness of Rainford Group. In December 2013 she left and established Khomych & Partners.
Given the sustainable presence of Andriy Kravets & Partners in banking and finance, as well as capital markets, this team handles Ukraine-related aspects of debt restructuring acting on the lenders side. Headed by Andriy Kravets the firmwas engaged by Asian Assistance (Thailand) Company Limited, a Thai insurance company, paying insurance recovery to Ukrainians in Thailand, to support restructuring of an existing debt owed by a Ukrainian insurance company.
The Kiev office of Beiten Burkhardt was frequently attracted by the EBRD for handling lending transactions and restructuring queries. Past year the finance team supported the EBRD for restructuring of the security for investment and financing package to the life insurance arm of Sputnik Group, assisted in the sale of the investment in Renaissance Life. In December the office was closed and the majority of lawyers moved to the Kiev office of Gide Loyrette Nouel.
Gide Loyrette Nouel is customarily instructed by French business. The Kiev office headed by Bertrand Barrier advisedCaussade Semences, a major French agricultural group, on a multijurisdictional project of debt restructuring.
The banking and finance practice of Integrites, as led by partner Oleksandr Aleksyeyenko, was entrusted for restructuring instructions. The firmrepresented CIM Dividend Income Fund Limited in the restructuring and repayment of a secured loan facility by one of Ukraine’s leading retail networks.
Misechko & Partners enriched its project portfolio with several bankruptcy cases. The firm represented the interests of United Aviation Services in the capacity of original lender in a bankruptcy case involving the state enterprise Ukrainian Aviation Transport Company. The firm’s founder, Volodymyr Misechko, is the main contact.
Pavlenko & Poberezhnyuk Law Group recently acted for a large Ukrainian bank in bankruptcy proceedings of several debtors and participated in disputes in connection with the return of monetary funds on credit agreements and contracts of guarantee. Both partners, Oleksandra Pavlenko and Larysa Poberezhnyuk, are engaged.
The Dnepropetrovsk-based Law Firm Dynasty is acting on debt collection and restructuring instructions from its clients. In a recent highlight the firm worked with debtors of a well-known Ukrainian bank on UAH 2 million debt collection; and represented Vasil, a sport equipment producer, on the restructuring of its financial commitments to PJSC Marfin Bank. Anna Poddubnaya and Snejana Karagodina are the lead partners.
The Kiev office of Peterka & Partners provides full assistance to Atlas Copco Ukraine, the Ukrainian member of the Swedish Atlas Copco Group, in connection with claiming the indebtedness in bankruptcy in Ukraine, and handled representation at local courts. Nina Sydorenko is the main contact.
ILF, Ukrainian law firm with offices in Kharkov and Kiev, assists its established client Ukrgasbank on recovery of bad debts, foreclosure of mortgaged property and bankruptcy proceedings of debtors. Olexiy Kharytonov is the maincontact.
The market gives strong feedback to the personal expertise of Yulian Khorunzhiy, partner at Ario Capital Group. He gained valuable experience in his position as director of the State Bankruptcy Department.
Glib Bondar, head of banking and finance practice of Avellum Partners is named as a knowledgeable debt restructuring expert.
Oleksandr Khomenko, partner of Khomeko, Pita & Partners, and Vitaliy Tytych, Vitaliy Tytych & Partners, both have a long lasting presence in the Ukrainian market and are recognized bankruptcy professionals.
Lexwell & Partners supported CRH Group in cession of rights by Lafarge SA to CRH (UK) Limited under the loan agreement. The Lviv-based Soldatenko, Lukashyk & Partners is engaged in advisingboth debtors and creditors, leasing companies. Oksana Govorun, a partner of newly-established Ukrainian law firm Vox Legum, provided legal advice to Ukrainian IT Company VideoNet in the course of bankruptcy proceedings. Pragnum law firm focuses on domestic restructuring instructions, with subsequent debt recovery support.