We conduct cases where creditors have difficulties with dishonest debtors who intentionally and consistently—and often unlawfully—seek to evade their financial obligations.
Cases we conduct in this area include:
- Civil proceedings to protect creditors against detrimental acts by debtors, pursuing claims to set aside contracts detrimental to creditors, fraudulent transfer claims, declaratory relief, and injunctive relief when there is a threat of asset-stripping
- Criminal proceedings to protect creditors against unlawful acts by debtors, disqualifying the legality of debtors’ actions intended to defeat creditors, obtaining security against the assets of the perpetrators and aiders and abettors of offences against creditors through preventive measures to mitigate or redress losses, and pursuing restitution claims against persons guilty of offences against creditors. We conduct cases seeking protection of creditors through criminal law in close cooperation with practitioners from the Business Crime Practice.
- Execution and bailiff proceedings, launching and conducting civil execution proceedings while assuring optimal conditions for identifying assets subject to execution. We assist in selection of effective bailiffs and cooperate closely with them to locate, seize and execute against assets concealed by creditors.
In cases involving enforcement of difficult receivables, we make full use of proven specialists in the fields of:
- Business intelligence and detectives (particularly for asset investigation)
- Forensic accounting and IT for gathering and analysing evidence
- Analysis of monetary transfers by debtors under money laundering regulations
- Analysis of the tax consequences of debtors’ actions
- Analysis of the condition of debtors’ assets and actions for potential use of legal instruments provided by bankruptcy law
- Analysis of economic events from the perspective of administrative regulations, and initiating and monitoring administrative proceedings to verify the substance and course of economic events.
Contact:
Jan Ciećwierz, jan.ciecwierz@wardynski.com.pl
Konrad Grotowski, konrad.grotowski@wardynski.com.pl
Adam Studziński, adam.studzinski@wardynski.com.pl
Tel. + 48 22 437 82 00, 22 537 82 00