Restructuring, Claims and Recoveries

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Matters in the sphere of restructuring and non-performing loans (NPL) require not only a thorough theoretical knowledge of legislation, but also a considerable amount of practical experience. GOLAW’s attorneys represent the interests of Ukrainian and foreign financial institutions such as private and public insurance companies and international banks in providing financing, debt restructuring and resolving disputes with unconscientious debtors.

Our firm’s lawyers have substantial experience dealing with issues such as the legal audit of borrowers and their assets, preparation of collateral contracts (mortgage, pledge), development of legal and GR-strategy of protection of financial institution’s rights against fraudulent actions of debtors, foreclosure of the pledged (mortgaged) property, including through court proceedings.

GOLAW represented the interests of a state-owned Czech bank as a scheduled creditor during the debtor’s bankruptcy proceedings in Ukraine, and accompanied the enforcement of the foreclosure on the pledged integral property complex. In addition, the firm advised a foreign holding company on the restructuring of non-performing liabilities in order to optimize the activity of the company. The main advantage of GOLAW is the existence of a restructuring strategy on the one hand, and the ability to adapt well-tested legal protection instruments for the individual needs of each client, on the other.

Marshal Victory provides technical due diligence for the comprehensive analysis of movable and immovable property aimed at assessing the technical condition of a facility and the potential risk for an investor or an owner. Marshal Victory is a part of GOLAW group of companies.

Head of practice

Sergiy Oberkovych

Senior Partner, Attorney at law

Contacts
31/33 Kniaziv Ostrozkykh St, Zorianyi Business Center, Kyiv, Ukraine, 01010
s.oberkovych@golaw.ua
+380 44 581 1220

Recognitions
The Legal 500 EMEA 2023
Who’s Who Legal 2022
Lexology Index: Corporate Tax 2024

Contact

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Experience

Advising Expobank СZ a.s. in a dispute with unfair debtor and receivables assignment process

Full legal support of Expobank СZ a.s., one of the leading financial institutions in the Czech Republic, in a loan dispute with a major Ukrainian glass factory; restoration of the bank’s rights over the pledged assets and successful sale of the receivables

Advising EGAP and Erste Abwicklungsanstalt (EAA) Client on the conversion of debt into the share capital (debt-to-equity swap)

GOLAW provided comprehensive legal support to creditors Export Guarantee and Insurance Corporation in Czech Republic and Erste Abwicklungsanstalt (EAA), a financial institution in Germany, on a restructuring of Eurocar companies group debts for a total value of more than USD 70 million.

Legal support on restructuring of company`s debt to Commerzbank AG

GOLAW provided comprehensive legal support on restructuring of major Ukrainian company’s producing titanium dioxide debt to Commerzbank AG, whose loan risks are covered by Euler Hermes.

Complex legal support of the EGAP and Expobank a.s. in the bad debt recovery project

Complex legal support of Export Guarantee and Insurance Corporation (EGAP) the EGAP and Expobank a.s. in Czech Republic – in the bad debt recovery project against major Ukrainian glass factory by Volnogorsk Glass LLC with a total value EUR 25 mln. After long lasting court trials the case successfully ended in with the assignment of receivables by the creditors to the third party at a favorable price for them.

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Testimonials

Galina Kočendova

Deputy Director at Claims Settlement and Debt Recovery Department
Export Guarantee and Insurance Corporation (EGAP)

EGAP as a credit insurance corporation insuring credits connected with exports of goods and services from the Czech Republic against political and commercial risks has been co-operating with GOLAW for many years. Starting from the year of 2015 we have been co-operating very intensely. We really appreciate their progressive approach to solving complex legal issues of claims recovery in Ukraine. We have profited from GOLAW’s attorneys ability to select and follow a winning strategy and from their business oriented approach. As a result of this approach our insured bank foreclosed upon an asset that has been nearly lost due to unlawful action of the debtor and is close to substantial recovery.

Ruben Oganyan

Head of Сredit risk department
ProCredit Bank

We highly appreciate professional legal assistance from GOLAW on supporting our bank as a lender in Ukraine. The firm is an ideal option for clients seeking advice on complex multi-jurisdictional transactions including syndicated lending and project finance transactions. They are extremely business-focused and solution-driven. It’s easy to work with the team as they listen to clients’ needs. The personal touch they have is beyond other firms.

Restructuring, Claims and Recoveries

Services

Counseling at the financing/risk insurance stage

Сounseling at the default stage or during restructuring

More about the practice