Representation of a Foreign Bank in the Insolvency of a Major Metallurgical Enterprise | Ukraine
Client — an international banking institution with creditor claims against amajor Ukrainian metallurgical enterprise.
Matter — representation of the foreign bank in the bankruptcy procedure ofone of Ukraine’s largest metallurgical enterprises, including the filing andprotection of substantial creditor claims.
Role — the work included: analysis of the loan and security documentation;preparation and filing of creditor claims; participation in creditors’committee meetings; representation of the client in the courts of firstinstance and appeal; and coordination of the position with other foreigncreditors.
Jurisdiction — Ukraine.
Court — Eastern Commercial Court of Appeal.
Practice — Dispute Resolution |
Amount — approximately UAH 802 million.
Status — the bankruptcy procedure and related court proceedings wereongoing.
Significance of the Matter— the project is oneof the largest bankruptcies in Ukraine’s industrial sector and required theprotection of substantial cross-border creditor claims in a complex multi-partyprocedure. A particular challenge was the scale of the indebtedness, the largenumber of creditors, the security mechanisms, and the need to coordinate thepositions of several foreign financial institutions.