We advise banks and other financial institutions in all types of judicial, administrative and arbitration proceedings.
These include adversarial, bankruptcy, and registry matters as well as administrative proceedings before the Polish Financial Supervision Authority. We also conduct enforcement proceedings and prepare action plans in case of default under financing agreements, attempts at asset-stripping, or unsuccessful restructuring.
The financial litigation we conduct includes disputes connected with such matters as:
- Default under credit agreements, for determination of an event of default, or for interim relief to secure claims for loan repayment
- Breach of standstill agreements or restructuring agreements, to stay execution, delete security interests, modify the priority of security interests or register debt-to-equity conversions, and disputes related to performance of reorganisation plans approved in bankruptcy
- Bank guarantees, for determination of events permitting drawdown of the bank guarantee, recourse claims against the debtor by the guarantor bank and possible enforcement of security interests, or under the guarantee between the guarantor bank and the beneficiary of the guarantee
- Payment and enforcement of security, seeking repayment of the principal of the loan, interest and financing fees, as well as extrajudicial means of enforcing security (e.g. by taking title to collateral, tenancy of the enterprise, involuntary administration or execution against real estate or bank accounts and other receivables)
- Establishment and registration or deletion of security against collateral, concerning the permissibility of establishing a security interest against specific tangibles or intangibles and floating charges over a set of tangibles and intangibles
- Payments from escrow accounts, often deriving from corporate disputes, acquisitions and development projects, where an escrow account is used to secure performance of monetary or non-monetary obligations
- Syndication of credit agreements, with respect to passage of security, the ability to collect additional fees, reimbursement of expenses, and setoff of mutual obligations
- Performance of restructuring, including in-court restructuring through bankruptcy proceedings and out-of-court restructuring arrangements
- Disputes between investment funds and/or brokerages for breach of contracts in the financial sector
- Claims trading, chiefly concerning which party is entitled to satisfaction under a specific receivable, whether a receivable has passed to the buyer, whether an assignment is conditional or unconditional, where a true sale of the receivable has occurred or only a security assignment, and the status of security interests and informational duties of the specific parties. Disputes with the tax authorities concerning the tax treatment of claims trading often arise out of transactions of this type.
Contact:
Monika Hartung, monika.hartung@wardynski.com.pl
Łukasz Szegda, lukasz.szegda@wardynski.com.pl
Tel. + 48 22 437 82 00, 22 537 82 00