Nikita Poleshchuk
lawyer
Languages

Russian

Contacts:
Specialization

Nikita specializes in supporting bankruptcy disputes, including subsidiary liability disputes and disputes on challenging transactions.

Nikita also has considerable experience in providing comprehensive support to clients from the automobile retail industry in leasing disputes and disputes arising out of lease obligations, as well as resolving civil and arbitration disputes arising out of contractual obligations and unjust enrichment.

Education

St. Petersburg State University, Master of Business Law.

Diploma with honors.

Thesis on the topic: “Civil law mechanism of subordination of creditors' claims in bankruptcy proceedings”.

Projects
  • Successful support of disputes in representing a major Russian fishing company - recovery of damages and negative sanctions in the total amount of about 50 million rubles. In one of the disputes, the adviser managed to prove that the supplied fish planting material was contaminated with bacteriological and infectious diseases, therefore, in order to minimize the risk of infection of healthy individuals, it was necessary to eliminate the supplied fish planting material of improper quality.
  • Support of consumer disputes on behalf of one of Russia's largest fashion retailers, as well as the largest car dealer in Russia - an official dealer of BMW, Rolls-Royce, Infiniti, Hyundai, Chery. Our team successfully protects businesses from consumer extremism. We systematically monitor cases of unfair consumer behavior, form and update the register of consumer extremists, and, if necessary, prepare appeals to court presidents and other representatives of the judicial system in order to draw attention to the issue of consumer extremism, ensure that the case is considered taking into account all the circumstances and protect the interests of clients from abuse of right.
  • Defense of Scania in a dispute over the termination of service contracts worth 65 million rubles, whereby the lessor was obliged to provide a list of maintenance and repair services. As part of the dispute it was proved that the refusal to perform the contracts was related to the sale of 100% of the client's share in the authorized capital in December 2022 and difficulties in organizing the supply of components, therefore the provisions of Article 451 of the Civil Code of the Russian Federation were applicable.
  • Support of several separate disputes on recovery of damages and challenging transactions in a bankruptcy case of a construction company for a total amount of 1.5 billion rubles. It was possible to prove that there was no intent to harm creditors in making the transaction and that there was no causal link between the client's actions and damage to the legal entity.
  • Successful support of bankruptcy proceedings with replenishment of the bankruptcy estate sufficient for full repayment of creditors' claims by challenging transactions made prior to bankruptcy proceedings. The total amount of replenishment of the bankruptcy estate exceeded 80 million rubles.
  • Successful execution of an amicable settlement agreement at the stage of considering the validity of the bankruptcy petition. Following the conclusion of the amicable settlement agreement, we managed to reduce the total amount of liabilities by 45% (reducing it to 2.2 billion rubles), as well as to determine the repayment term within 3.5 years.
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