Owing to the efforts made by the attorneys from Onopenko & Partners, a purely legal problem has been solved in the Grand Chamber of the Supreme Court
Project Partner: Diana Vasylevych
Project team: Evgenii Rymar, Anastasiia Pekar
Onopenko & Partners Law Firm provides legal support and elaborates a defense strategy for Obolon Corporation in relation to about 10 litigations related to the recovery of debts under loan portfolios of Ukrinbank PJSC.
To uphold the legal position formulated by the Joint Chamber of the Commercial Court of Cassation within the Supreme Court in case No. 910/8117/17, the Firm held negotiations with one of the debtors of Ukrinbank PJSC and subsequently the Onopenko and Partners team was enabled to join the trial in the Grand Chamber of the Supreme Court.
As part of this case, the court resolved a purely legal problem regarding the transfer of rights and obligations of banking institution Ukrinbank PJSC to UKRINKOM PJSC.
The Grand Chamber of the Supreme Court upheld the findings of the Joint Chamber and ruled that there was rights and obligations of a banking institution could not be transferred to a non-banking institution, such as UKRINKOM PJSC.
This court decision made it possible for Obolon Corporation not alone, but also the other debtors of Ukrinbank PJSC, to avoid unjustified recovery in favor of an improper creditor.
Moreover, once this decision was made, the State represented by the Deposit Guarantee Fund for Individuals was able again to seek compensation for a part of the payments made to depositors of the insolvent bank through recovery from the debtors (estimated amount is UAH 1.8 billion).