Hillmont Partners successfully represented a leading property development group as a creditor in a complex corporate insolvency case. The firm's lawyers implemented a legal strategy that led to the resolution of a long-running dispute concerning a debt that had previously been regarded as irrecoverable.
The debtor company employed manipulative tactics to avoid satisfying creditors' claims, having insufficient assets available for distribution. The debtor also took advantage of the lengthy insolvency proceedings to delay enforcement. During the insolvency proceedings, Hillmont Partners established the causal link between the actions of the company's former shareholders and director and the company's insolvency. As a result, the court imposed subsidiary liability on them for the recovery of a multi-million debt.
The debtors resisted enforcement by transferring valuable assets to third parties in an attempt to prevent the effective execution of the court's subsidiary liability judgment. Hillmont Partners assisted the client in recovering the assets. The lawyers successfully challenged the asset transfers in court as fraudulent transactions, restoring the assets to their original legal status.
Hillmont Partners secured the resolution of the dispute by providing comprehensive legal support throughout the matter – from the insolvency proceedings and related litigation to enforcement proceedings against the individuals held subsidiarily liable.
The lawyers successfully employed the subsidiary liability mechanism as an effective means of protecting the creditor's interests. The legal strategy ultimately prompted the debtors to voluntarily resolve the dispute with the creditor. Following negotiations, the parties reached an agreement, and the client's claims were satisfied.
Senior Partner Valentyn Zasukha was responsible for the overall legal strategy in the matter. The Hillmont Partners team also included Senior Partner Andrii Nyzhnyi, Counsel Stanislav Skrypnyk, and Senior Associate Svitlana Dovbysh.
