EQUITY Team Successfully Protects Interests of Azovmash Group

EQUITY Team Successfully Protects Interests of Azovmash Group

The Northern Commercial Court of Appeal has sided with the debtor in the case over bankruptcy of Poltavkhimmash PJSC and upheld the decision of the court of first instance to refuse to commence proceedings over bankruptcy of Poltavkhimmash PJSC. 

EQUITY attorneys-at-law have proved the legal stance regarding existence of “dispute over a right” between the initiating creditor and debtor as the ground to refuse to commence proceedings over bankruptcy. The legislation does not list specific criteria to conclude that a dispute over the right exists. Therefore, in each particular case, depending on the content of legal relations, the court must analyze a form of expressing corresponding non-consent of parties to the proceeding in terms of a dispute existence.

The EQUITY team made up of a partner Oleh Malinevskyi, legal counsels Dmytro Tylipskyi and Oleksiy Stepanenko, defence lawyer Yaroslav Labatiuk have been working on the project of protecting interests of Azovmash Group.

The  team keeps on contributing into the elaboration of new approaches in the area of bankruptcy and restructuring problem indebtedness.

To find out more about the Ruling, please follow the link.