Managed bankruptcy of a company: navigating business out of crisis without fatal consequences
Bankruptcy is a strategic instrument, not a "last resort." The initiator determines the outcome. In 2024, the Federal Tax Service (FTS) initiated 24% of all corporate bankruptcies. Every fourth bankruptcy is a corridor of "field tax audit (FTA) → subsidiary liability of the controlling person of a debtor (CPD) → personal bankruptcy of the executive." Preventive voluntary bankruptcy prior to the filing of an FTS petition fundamentally alters the alignment: selection of the insolvency practitioner, choice of scenario, and time for structuring.
Three principles
The initiator determines the outcome
The FTS initiates 24% of all corporate bankruptcies. This is a corridor of "audit → subsidiary liability → personal bankruptcy." Preventive voluntary bankruptcy prior to a creditor filing a petition provides the selection of an insolvency practitioner, choice of scenario, and time for structuring.
Abandoning the company is no longer a solution
Exclusion from the Unified State Register of Legal Entities (USRLE) as an inactive legal entity today means direct extra-bankruptcy subsidiary liability with a presumption of guilt (Resolution of the Russian Constitutional Court No. 6-P of February 7, 2023, the Pokul case). Opening a new entity registered to a relative is a path to the subsidiary liability of all relatives.
Retrospective protection of transactions
The period for invalidating transactions by an insolvency practitioner is up to 3 years within bankruptcy, and up to 10 years under Articles 10 and 170 of the Russian Civil Code. Defense involves reconstructing the business purpose of each transaction, proving market conditions, and substantiating economic feasibility.
In 2024, the FTS initiated 24% of all corporate bankruptcies. Every fourth bankruptcy is a corridor of "field tax audit → subsidiary liability of the CPD → personal bankruptcy of the executive."
The initiator of bankruptcy determines the outcome
In 2024, the FTS initiated 24% of all corporate bankruptcies. Every fourth bankruptcy is a corridor of "field tax audit → subsidiary liability of the CPD → personal bankruptcy of the executive."
Real situations
Phrasing is taken from inquiries in 2024-2026 — without disclosing client names.
- The tax authority filed for the bankruptcy of our company. Is it still possible to save the business, or should we prepare for subsidiary liability?
- A counterparty filed for bankruptcy and appointed their own insolvency practitioner. They are challenging all transactions over the past 3 years.
- The bankruptcy trustee is challenging the payment of dividends 2 years prior to bankruptcy as causing harm to creditors.
- The chief accountant resigned at the height of the crisis. We are preparing for bankruptcy. How can the director be secured?
- If I resign as director now, while the company is sinking, will it save me from subsidiary liability in a year?
- What happens if we simply abandon the LLC with debts and open a new one registered to a relative?
Specific actions
- Strategic decision on the scenario: voluntary corporate bankruptcy (controlled) versus creditor-initiated (uncontrolled).
- Preparation and filing of a corporate bankruptcy petition on behalf of the debtor.
- Appointment of a loyal insolvency practitioner through the selection of an SRO.
- Protection of corporate transactions from invalidation: dividend payments, settlements with affiliated persons, and asset sales in the pre-bankruptcy period (invalidation period — up to 3 years in bankruptcy, up to 10 years under Articles 10 and 170 of the Russian Civil Code).
- Defense of controlling persons of a debtor against subsidiary liability in parallel with the bankruptcy process.
- Analysis of opponents' balance sheets and assets, and the search for hidden assets in cases involving aggressive creditors.
- Coordination with criminal defense in the event of a parallel criminal case under Article 199 of the Russian Criminal Code.
From RUB 60,000 per month
The exact cost is determined after an initial analysis of the documents.
What you need to know in the first 24 hours
A short video explanation for those who currently have no time for long texts.
Detailed materials on the topic
These longreads illustrate the method of handling tasks of this type — with statistics, regulations, and real cases.
Most common inquiries
?If one resigns as director now, will it save them from subsidiary liability in a year?
?What happens if an LLC with debts is simply abandoned?
?Is it possible to appoint "one's own" insolvency practitioner?
?For how many years can corporate transactions be invalidated in bankruptcy?
?How much does support for a corporate bankruptcy procedure cost?
Describe the situation
Describe the company's condition: debts, FTS, creditors. Attorney-client privilege is guaranteed.
