Insolvency
The possibility of final realisation of proprietary rights to a great extent depends on how well the rights of a person are protected in bankruptcy proceedings. In the current economic climate, legal issues pertaining to rehabilitation proceedings are of particular importance. Our attorneys have years of practice acting as bankruptcy trustees, business restructurers and liquidators in a number of sectors, also representing creditors in bankruptcy committees and court proceedings. We advise clients on all aspects and stages of restructuring, insolvency and cross-border insolvency.
Our expertise extends from practice to legislation, with our attorneys actively participating in the development of the insolvency and rehabilitation regulations.
Debt Restructuring Corporate Restructuring Creditor and Debtor Representation
|
Cross-border Insolvency Proceedings Rehabilitation Proceedings
|
- Successfully representing Fortum Termest AS, Estonian subsidiary of Fortum Oyi group, against the Republic of Estonia in the Supreme Court in a landmark case concerning the rights of the mortgage holders in bankruptcy proceedings.
- Acting as a bankruptcy trustee and representing Estonian commercial bank, Eesti Maapank, in one of the largest bankruptcy cases in the Baltics involving nearly 4 000 different execution, bankruptcy, liquidation and criminal proceedings.
- Acting as a trustee in the bankruptcy proceedings of a commercial bank, Inko Balti Pank.
- Representing a Swedish ship construction company Götaverken Cityvarvet AB in recovering debts from RAS Ookean, setting up securities and registration in the Ship Registers at the Estonian Maritime Administration. The firm also represented Götaverken Cityvarvet AB in the bankruptcy proceedings of RAS Ookean.
- Acting as compulsory liquidators appointed by The Bank of Estonia and representing an Estonian commercial bank, Tartu Kommertspank, in bankruptcy proceedings.
- Acting as an expert in the arbitration court of the International Centre for Settlement of Investment Disputes (ICSID) in disputes in the matter of Sampo Pank (former Postipankki Oy), OKO Bank Plc (former Okopank Osuuspankkien Keskuspankki Oyj) and VTB Bank (Germany) AG (formerly Ost-West Handelsbank AG) versus the Republic of Estonia
(through the Ministry of Finance) concerning the Republic of Estonia’s
investment protection contracts with the Federal Republic of Germany
and the Republic of Finland and several corporate and insolvency
matters.
- Acting as adviser in the reorganization proceedings of Estonian steel wholesaler, AS Bermet Management. Tasks included negotiating the restructuring of a loan and leasing portfolio with credit institutions including Swedbank and Danske Bank.
- Advising and representing the largest complex of cargo and passenger ports in Estonia, AS Tallinna Sadam, in the bankruptcy proceedings of Superseacat Oy, a shipping company operating in the Baltic Sea.
- Advising and acting as trustees in a number of bankruptcy proceedings of insurance companies (ASA Kindlustus, AB Elukindlustus, Polaris Elukindlustus), including giving advice on portfolio transfers.
- Representing investment funds and private investors in converting loans (issued to risk capital fund GILD Arbitrage)
into bonds in a closed emission, in the course of which a supervisory
mechanism was set up to monitor fund activities and the assets of the
fund were pledged to secure the bonds in favour of the securing agent.
- Acting as a bankruptcy trustee of the dairy company, Ühinenud Meiereid AS, providing related advice and litigation services.
- Advising Kazrosgaz, a subsidiary of the Russian gas conglomerate Gazprom, and the Kazakhstan energy company Kazmunaigaz on various issues of debt recovery and litigation.
- Advising UAB Vakarų metalas, a subsidiary of BLRT Group—on various issues of debt recovery, litigation, bankruptcy restructuring and debt portfolio management.
- The firm was engaged by Colliers International to advise Swedbank AS on the best deal structure for takeover of distressed real estate assets owned by a debtor of the bank.
- Representing a management board member in a landmark business
prohibition case. The Supreme Court annulled the prohibition on
business applied by lower courts and gave a profound explanation to the
partial amendments of its former postures on the presumptions, extent
and requirements of applying business prohibition and detailed
guidelines to be followed in all future cases.