Support of the bankruptcy procedure of a legal entity

Can your company no longer meet its obligations to creditors, has it accumulated tax or contractual debts, or is it already facing the risk of compulsory enforcement?

The bankruptcy procedure for a legal entity is conducted through the commercial court and may include asset management, rehabilitation, or liquidation depending on the company’s financial condition, the creditors’ position, and the possibility of restoring solvency.

Prikhodko & Partners Law Firm Prikhodko & Partners provides comprehensive legal support for corporate bankruptcy proceedings: we conduct a preliminary analysis of debts and assets, prepare procedural documents, represent the debtor or creditor before the commercial court, work with creditors’ claims, and support the relevant procedure through to completion.

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Does your company already have overdue debts to several creditors?

Are enforcement or court proceedings already pending against the company?

Are the company’s assets insufficient to satisfy all obligations in the ordinary course?

Do you need full legal support from company analysis through completion of the procedure?

Services in the “Bankruptcy” practice

01 Debt cancellation 02 Judicial debt restructuring outside of bankruptcy proceedings 03 Checking the availability of loans for an individual 04 File for bankruptcy 05 Legal assistance with microcredits (MFIs) 06 EBRD lending 07 Statement of claim for debt collection under a credit agreement 08 Statement of claim for collection of debt for utility services 09 Statement of claim for debt collection 10 Anti-collector 11 Application for initiation of bankruptcy proceedings 12 Opening of bankruptcy proceedings 13 Bankruptcy of a utility company 14 Write-off of accounts payable 15 Financial rehabilitation and bankruptcy of enterprises 16 Fictitious bankruptcy 17 Collect the debt from the guarantor 18 Credit debt collection 19 Debt collection under a credit agreement 20 Debt collection for housing and communal services 21 Debt collection under the factoring contract 22 Debt collection under the loan agreement 23 Write-off of loan debt for the guarantor 24 Write-off of Borgs for utility services 25 Restructuring of heating debt 26 Debt restructuring for housing and communal services 27 Restructuring of electricity debt 28 Gas debt restructuring 29 Forced collection of debt under a credit agreement 30 Statement on insolvency of a natural person 31 Protection of creditors’ rights during the liquidation of a legal entity 32 Protection of creditors’ rights in bankruptcy 33 Protection of the rights of consumers of banking services 34 An appeal against a court decision on debt collection 35 Forced collection of debt 36 Recognizing a natural person as bankrupt 37 Legal support of the assignment of the right of claim 38 Support of creditors in the debt collection procedure 39 Support of creditors in the restructuring procedure 40 Support of creditor in the bankruptcy procedure 41 Write off a loan for a mortgage (housing) 42 Write off a mortgage loan 43 Mortgage write-off under the bankruptcy procedure 44 Development of a loan agreement between individuals 45 Development of a contract of assignment of the right of claim 46 Development of a debt receipt 47 Restructuring of foreign currency loan 48 Agreement on the assignment of the right of claim 49 Assignment of the right of claim under the credit agreement 50 Executive proceedings for communal services 51 Restructuring of foreign currency loan Privatbank 52 Restructuring of the debtor’s debts 53 Credit lawyer 54 Lawyer for credits and microloans (MFI) 55 Bankruptcy of individuals 56 Bankruptcy of a legal entity 57 Lawyer under Article 302 of the Criminal Code – Creation or maintenance of places of debauchery and solicitation 58 Support of the bankruptcy procedure of a legal entity 59 Voluntary liquidation of a legal entity through the bankruptcy procedure 60 Sanitation of the debtor in bankruptcy cases 61 Lawyer under Art. 200 of the Criminal Code – Illegal actions with transfer documents, payment cards and other means of access to bank accounts, electronic money 62 Legal support of the bankruptcy procedure 63 Sanitation of the enterprise 64 Support of the bankruptcy procedure of an individual 65 How to get a certificate of bankruptcy / no bankruptcy? 66 Individual Bankruptcy Lawyer 67 Removal of seizure from the account for payment of wages 68 Consultation of a lawyer regarding credit debts 69 Debt write-off in bankruptcy 70 Liquidation of a legal entity 71 Liquidation of LLC with debts 72 Restructuring of foreign currency mortgage 73 Restructuring debt on a mortgage loan in foreign currency 74 Credit restructuring in a bank/microfinance organization 75 Bankruptcy certificate for legal entities 76 Liquidation of a company through bankruptcy proceedings 77 Certificate from the Unified Register of Enterprises in respect of which bankruptcy proceedings have been initiated 78 Legal advice on loans 79 Liquidation of the company under the bankruptcy procedure 80 Legal analysis of credit agreements 81 Obtaining a certificate of absence of bankruptcy 82 Corporate Bankruptcy (Company Bankruptcy) 83 Bankruptcy of an individual 84 Debt restructuring under a credit agreement 85 Bankruptcy of an individual entrepreneur 86 Debt write-off for credit / microloans 87 Removal of seizure from the debtor’s accounts 88 Declaration of bankruptcy 89 The bankruptcy procedure of an individual 90 Challenging the executive inscription of the notary on the loan 91 Consultation on bankruptcy of an individual
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Kolesnyk Ilya
Kolesnyk Ilya
Attorney
Specialist in bankruptcy of individuals and legal entities. Provides legal support in bankruptcy procedures for individuals, private limited liability companies, legal entities, as well as closing executive proceedings, concluding restructuring and settlement agreements with financial institutions

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Corporate Bankruptcy Procedure

Corporate bankruptcy applies when a company is objectively unable to meet its monetary obligations and a court-supervised procedure is required to regulate relations with creditors, restore solvency, or complete the company’s activities. Signals that a preliminary analysis may be necessary include:

  • systematic overdue debts to several creditors;
  • significant tax debt;
  • inability to perform contractual obligations;
  • open enforcement proceedings;
  • seizure of bank accounts or property;
  • insufficient assets to satisfy all obligations;
  • regular court disputes with creditors;
  • risk of enforcement against key company assets;
  • a critical decline in working capital;
  • lack of realistic financial resources to restore ordinary business operations.

Bankruptcy is the debtor’s inability, recognized by the commercial court, to restore solvency and satisfy creditors’ claims otherwise than through the procedures provided by the Bankruptcy Procedures Code of Ukraine.

Benefits of Working with Prikhodko & Partners

We help:

  • conduct a preliminary financial and legal analysis of the company;
  • review the debt structure;
  • analyze assets and liabilities;
  • assess risks for owners and management;
  • prepare the application and procedural documents;
  • represent the debtor or creditor before the commercial court;
  • work with creditors’ claims;
  • support the asset management stage;
  • assess the possibility of rehabilitation;
  • support the liquidation procedure.

Main Stages of Corporate Bankruptcy

Depending on the circumstances, the case may include several key stages:

  1. preliminary analysis of the company’s financial condition;
  2. preparation and filing of an application with the commercial court;
  3. opening of bankruptcy proceedings;
  4. asset management;
  5. formation and review of creditors’ claims;
  6. analysis of the possibility of restoring solvency;
  7. transition to rehabilitation or liquidation;
  8. implementation of the relevant plan or realization of assets;
  9. completion of the court procedure.

The specific sequence depends on the company’s financial condition, creditor structure, assets, and decisions made within the proceedings.

Asset Management of the Debtor

The Bankruptcy Procedures Code defines asset management as a system of measures for controlling the management and property of the debtor, aimed at preserving assets, analyzing the financial condition, and determining the next procedure — rehabilitation or liquidation. At this stage, it is important to establish the company’s actual condition:

  • which assets belong to the company;
  • their actual value;
  • which liabilities exist;
  • which creditors have filed claims;
  • whether there is pledged property;
  • which enforcement proceedings are open;
  • which court disputes are ongoing;
  • which agreements are materially important;
  • whether there are indications that solvency can be restored.

The asset manager is an insolvency practitioner appointed by the commercial court. For the owner or director of the company, it is particularly important at this stage to interact properly with the insolvency practitioner and provide the required information on time.

Creditors’ Claims in Bankruptcy Proceedings

Creditors submit their claims in accordance with the established procedure and confirm them with supporting documents. For the debtor, it is important to review:

  • the legal basis of the debt;
  • the amount claimed;
  • the period in which the debt arose;
  • the existence of court decisions;
  • the accuracy of interest, penalties, or other charges;
  • the existence of security;
  • the priority of claims;
  • the evidence provided by the creditor.

For the creditor, on the contrary, it is important to correctly formulate the claim and submit supporting documents within the required time.

Corporate Rehabilitation

The Bankruptcy Procedures Code defines rehabilitation as a system of measures aimed at restoring the debtor’s solvency and financial and economic condition, as well as fully or partially satisfying creditors’ claims. A rehabilitation plan may include various economic and organizational measures depending on the company’s situation. When assessing rehabilitation, the following are analyzed:

  • whether the company can continue operating;
  • the profitability of individual business areas;
  • the structure of the debt;
  • the creditors’ willingness to restructure;
  • the possibility of attracting an investor;
  • the possibility of selling non-core assets;
  • cost optimization;
  • changes to the management structure;
  • the forecast for restoring solvency;
  • the feasibility of implementing the rehabilitation plan.

Not every company should be liquidated from an economic perspective. If the business model remains viable, rehabilitation may be more beneficial for both the owners and the creditors.

Liquidation Procedure in Bankruptcy

If solvency cannot be restored and the court declares the debtor bankrupt, the case may proceed to liquidation. In this case, the key role is performed by the liquidator — an insolvency practitioner — rather than the ordinary liquidation commission typically used in a voluntary termination of a legal entity. During liquidation, the following is carried out:

  • inventory of the property;
  • formation of the liquidation estate;
  • analysis of the company’s assets;
  • work with accounts receivable;
  • realization of property in accordance with the established procedure;
  • settlement with creditors according to statutory priority;
  • analysis of individual transactions of the debtor;
  • resolution of issues relating to property and liabilities;
  • preparation of documents required to complete the procedure.

Review of Company Transactions Before Bankruptcy

Particular attention should be paid to:

  • sales of assets before the case is opened;
  • transfers of property to related parties;
  • repayment of claims of selected creditors;
  • transactions at prices materially different from market value;
  • transfers of property without an apparent economic reason;
  • changes in the asset structure shortly before bankruptcy;
  • agreements with interested or related parties;
  • other transactions that may affect the debtor’s financial position.

That is why, before initiating bankruptcy, it is advisable to conduct a separate audit of the company’s transactions rather than waiting for questions about them to arise during the court procedure.

Preparation for bankruptcy should begin not with filing an application with the court, but with a comprehensive analysis of assets, debts, transactions, and potential risks for the company and its management.

Role of the Insolvency Practitioner

Depending on the stage of the case, the insolvency practitioner may perform the functions of:

  • asset manager;
  • rehabilitation manager;
  • liquidator.

At the same time, the insolvency practitioner is not the lawyer of the debtor or creditor. That is why the company and other participants in the case may need their own legal representative who:

  • protects the interests of a specific participant;
  • reviews actions taken within the procedure;
  • prepares procedural documents;
  • responds to creditors’ claims;
  • participates in court hearings;
  • challenges decisions or actions where there are legal grounds;
  • monitors the legal consequences of each stage.

Stages of Legal Support

The general workflow is:

  1. Initial analysis. We review debts, assets, court cases, and enforcement proceedings.
  2. Risk assessment. We review transactions, obligations, and potential problem areas.
  3. Strategy selection. We determine whether rehabilitation is possible or liquidation is more appropriate.
  4. Document preparation. We prepare the application and procedural position.
  5. Court representation. We represent the client before the commercial court.
  6. Work with creditors. We analyze and challenge claims where there are legal grounds.
  7. Procedure support. We monitor legal matters at the relevant stage.
  8. Completion of the case. We support the procedure through to its procedural completion.

Risks and Mistakes in Bankruptcy Proceedings

Potential problems include:

  • incomplete information about assets;
  • errors in documents;
  • failure to respond to creditors’ claims in time;
  • unreviewed transactions from previous periods;
  • the existence of related parties and conflicting transactions;
  • an incorrect strategy for interacting with the insolvency practitioner;
  • unrealistic expectations regarding rehabilitation;
  • loss of key assets without prior assessment of the consequences;
  • procedural mistakes;
  • lack of a unified legal strategy.

Therefore, the lawyer’s task is not merely to oversee formal progression through the procedure, but to monitor the legal consequences of each stage.

Cost of Legal Support for Corporate Bankruptcy

The cost is affected by:

  • the amount and structure of debt;
  • the number of creditors;
  • the volume of assets;
  • the existence of pledged property;
  • the existence of court and enforcement proceedings;
  • the number of disputed creditors’ claims;
  • the need to review previous transactions;
  • the possibility of rehabilitation;
  • the complexity of the liquidation procedure;
  • the number of court hearings;
  • the required scope of legal support.

In one case, preliminary analysis and preparation of procedural documents may be sufficient. In another, the procedure may involve lengthy work with creditors, assets, rehabilitation, or liquidation of the company.

Common Corporate Bankruptcy Situations

Situation Possible Course of Action
The company cannot service several debts Conduct a financial and legal analysis and assess whether bankruptcy proceedings are appropriate.
Enforcement proceedings have been opened Review the condition of assets and liabilities and assess the impact of enforcement on further operations.
Assets are insufficient to satisfy liabilities Assess a court-supervised bankruptcy scenario and the subsequent procedure.
The business remains viable Consider rehabilitation and restoration of solvency.
There are disputed creditors’ claims Review the documents and prepare objections where there are legal grounds.
Asset transactions were carried out before bankruptcy Conduct a separate legal review of those transactions and the related risks.
The company has been declared bankrupt Support the liquidation procedure and legal issues relating to realization of assets.

Conclusion

Corporate bankruptcy is a court-supervised mechanism for dealing with a company’s insolvency and may involve asset management, rehabilitation, or liquidation. The appropriate scenario depends on the debt structure, assets, the company’s financial condition, and whether solvency can be restored. A preliminary legal and financial analysis makes it possible to assess risks in advance and develop a strategy for the procedure.

Can your company no longer meet its obligations to creditors? Submit a request on the Prikhodko & Partners Law Firm website. A lawyer will analyze the debts, assets, and litigation risks, determine possible bankruptcy scenarios, and propose the next steps.

Additional Frequently Asked Questions

What are the main stages of corporate bankruptcy?

Depending on the circumstances, the case may include opening of proceedings, asset management, rehabilitation, and liquidation. The further scenario is determined by the debtor’s financial condition and decisions made within the court proceedings.

Does bankruptcy always end with liquidation of the company?

No. The Bankruptcy Procedures Code provides for rehabilitation aimed at restoring the debtor’s solvency and financial and economic condition.

What happens during the asset management stage?

The management of assets is monitored, the company’s financial condition is analyzed, and the next procedure — rehabilitation or liquidation — is determined.

Who manages a company’s bankruptcy procedure?

Depending on the stage, an insolvency practitioner may act as an asset manager, rehabilitation manager, or liquidator.

What is corporate rehabilitation?

It is a system of measures aimed at restoring the debtor’s solvency and fully or partially satisfying creditors’ claims.

Who sells the company’s property after it is declared bankrupt?

During liquidation, the relevant powers are exercised by the liquidator — an insolvency practitioner — and the procedure for dealing with assets is governed by the Bankruptcy Procedures Code of Ukraine.

Should company transactions be reviewed before bankruptcy begins?

Yes. Previous asset transactions may be relevant to the case and may become the subject of separate analysis or dispute, so it is advisable to review them before filing the application.

When should a bankruptcy lawyer be contacted?

It is advisable to do so before proceedings are opened, while there is still an opportunity to conduct a financial and legal audit and develop a strategy. Legal support is also possible at any later stage of the case.