Analysis
A financial analysis of the debtor’s position: are the statutory signs present, and what will the procedure achieve?
PRACTICE / 04
Bankruptcy of companies and individuals
We help both debtors and creditors: we analyse the prospects of bankruptcy, prepare petitions and support the procedure. The decision to declare bankruptcy is made by the commercial (arbitrazh) court — we tell you honestly whether there are grounds in your case.
- Handled by
- Attorneys of the bar
- For whom
- Debtors and creditors
- Important
- The decision rests with the commercial court
Personal bankruptcy is a lawful way to be freed of unmanageable debt, but it has consequences and restrictions. At the first consultation we work out whether the procedure suits you — and we never promise “debts written off in a month”, because that is not how it works.
What we do
- Analyse the likelihood and consequences of bankruptcy.
- Prepare bankruptcy petitions.
- Support personal bankruptcy through to the completion of settlements with creditors.
- Handle corporate insolvency cases.
- Protect creditors: registration of claims, challenges to the debtor’s transactions.
- Accompany the client at creditor meetings and court hearings.
Typical situations
- Loan payments exceed income and the debt keeps growing.
- A person guaranteed someone else’s loan and inherited the whole debt.
- A debtor counterparty is stripping out assets that could satisfy the claim.
- A company has accumulated debts it cannot pay.
HOW THE WORK IS BUILT
How the work is built
Preparation
The document package and the petition to the commercial court.
The procedure
Support through asset realisation or supervision; work with the insolvency practitioner and creditors.
Completion
Discharge of obligations — if the court grants it — and closure of the procedure.
WHO HANDLES IT
Attorneys in this practice
Attorney since 2009, chairman of the bar association since 2019. Criminal and commercial litigation, personal and corporate insolvency.
More about their experience
- Education
- Graduated from the Moscow State University of Economics, Statistics and Informatics (MESI) with a degree in Law. Completed professional retraining at the Plekhanov Russian University of Economics under the unified insolvency-practitioner programme (crisis management). Postgraduate student at the Moscow Innovation University.
- Practice
- A practising attorney since 2009, specialising in criminal and commercial law and in personal and corporate insolvency cases.
- At the bar association
- Chairman of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association since 2019.
In the profession since 2011, called to the bar in 2019. Civil, commercial and corporate disputes, criminal defence, real estate, business support, insolvency.
More about their experience
- Education
- Graduated in 2011 from the Odessa National Law Academy (law degree). In 2017 completed a master’s programme at the Crimean Law Institute, a branch of the Academy of the Prosecutor General’s Office of the Russian Federation.
- Practice
- Working in the profession since 2011, including more than ten years in courts of general jurisdiction and commercial (arbitrazh) courts of first instance and appeal, among other roles as a judge’s assistant. Called to the bar in 2019.
- Focus
- Representing individuals in civil matters; extensive experience of commercial and corporate disputes, real-estate transactions, ongoing legal support of businesses and insolvency cases.
RESULTS
Cases in this practice
Personal bankruptcy2020
1.9million ₽ of debt discharged
Personal bankruptcy of Ms Kh.: bank debts discharged
Ms Kh. could no longer service her bank loans. Attorney Dmitry Malyutov ran a financial analysis and filed a bankruptcy petition; the Commercial (Arbitrazh) Court of the Ulyanovsk Region — a state commercial court — declared her bankrupt. Debt of 1.9 million roubles was discharged.
Case study
Personal bankruptcy2020
41million ₽ of a guarantor’s debt — discharged through bankruptcy
A guarantor of someone else’s 41-million-rouble loan declared bankrupt
Persuaded by his former employer, Mr Sh. guaranteed a business loan — and ended up owing more than 41 million roubles. On a petition prepared by lawyers of the partner firm, the Moscow Commercial Court declared him bankrupt and opened asset realisation.
Case study
Personal bankruptcy2020
6months — the realisation procedure opened by the court
Bankruptcy of a sole proprietor after a pandemic-era loan
During the pandemic a sole proprietor took a subsidised loan to keep his business running and pay staff, but falling income made it unserviceable. Acting within the law, he went through bankruptcy: the court declared him insolvent and opened asset realisation.
Case study
The result in one case neither guarantees nor implies a similar result in another.
QUESTIONS
Frequently asked questions
Will all my debts be written off?
That decision rests with the commercial court. Discharge is not automatic and not universal: alimony and subsidiary liability, for example, are not written off. At the consultation we say plainly what to expect in your case.
I am registered in another region. Is that a problem?
No. The case is heard by the court at the place of registration, and the attorney runs it remotely with travel as needed. In our practice, a Moscow resident registered in the Ulyanovsk Region went through the procedure there — her debts were discharged in full.
What happens to my assets?
Assets forming the bankruptcy estate are sold to pay creditors; a sole home free of mortgage and basic necessities are protected by Article 446 of the Code of Civil Procedure. What will fall into the estate is worked out before the petition is filed.
How does one spouse’s bankruptcy affect the other?
The debtor’s share in the spouses’ common property falls into the estate: the property is sold and the other spouse is paid their share. Transfers between spouses on the eve of bankruptcy can be challenged by the practitioner — we warn about this honestly in advance.
NEXT STEP
Let’s discuss your situation
The consultation is free when an agreement is signed: that is where we say whether the case has prospects and how the work would be built.