We conduct judicial disputes concerning the insolvency of businesses and individuals and arising out of debt restructuring, including:
- Bankruptcy disputes. We represent creditors and debtors throughout the course of bankruptcy proceedings, including:
- Drafting bankruptcy petitions and applications to secure the debtor’s assets
- Filing proofs of claim for inclusion of creditors’ claims in the list of recognised claims, objections to recognition of claims, and applications to supplement the list of claims
- Drafting applications to exclude assets from the bankruptcy estate
- Due diligence of the debtor’s enterprise and specific assets
- Drafting documentation related to acquisition of the enterprise or assets from the bankruptcy trustee through a tender, auction or negotiations
- Representing clients in relations with other participants in the bankruptcy proceedings, particularly trustees
- Advice on preparing and conducting pre-pack liquidations
- Representation during the distribution of the bankruptcy estate
- Disputes involving interpretation and performance of standstill agreements
- Disputes involving cross-border insolvency proceedings (in the same areas discussed above):
- We have extensive experience applying European insolvency law, under the EC Insolvency Regulation (1346/2000) and subsequently the recast EU Insolvency Regulation (2015/848)
- We have represented foreign administrators in cases involving recognition in Poland of foreign insolvency proceedings, including proceedings initiated in Norway or Denmark (where, due to the lack of automatic recognition, it is necessary to file an application for recognition in other European jurisdictions)
- Disputes concerning liability of debtor representatives, involving:
- Damages for failure to file a timely bankruptcy petition
- Prohibitions against conducting further economic activity
- Representing creditors and debtors in separate proceedings, involving:
- Real estate developers (under the Act on Protection of Rights of Buyers of Residential Units and Single-Family Houses)
- Mortgage banks
- Insurers and reinsurers
- Bond issuers
- Bankruptcies of individual debtors
- Disputes in restructuring proceedings. We represent debtors and creditors in restructuring proceedings governed by the Restructuring Law and in the immediate runup to in-court restructuring, i.e. prior to opening of restructuring proceedings:
- Representing both creditors and debtors, including persons responsible for managing the assets of enterprises, in judicial, tax and criminal proceedings arising out of or related to restructuring procedures
- Advising banks and other financial institutions in Poland in complex restructuring procedures, particularly remedial proceedings of their debtors
- Representing clients on the creditors’ committee and at creditors’ meetings, including sessions called for voting on arrangements
- Preparing and implementing strategies for pursuing claims against debtors involving in-court restructuring, including non-execution methods of debt collection, as well as sale of the debtor’s assets by the administrator
- Drafting applications to open remedial proceedings, on behalf of both debtors and creditors; for creditors, we analyse the risks associated with ineffectiveness against the estate of transactions to which the client is a party, as well as security interests established for the client.
Contact:
Konrad Grotowski, attorney-at-law, partner
konrad.grotowski@wardynski.com.pl
Jakub Kokowski, adwokat, licensed restructuring adviser
jakub.kokowski@wardynski.com.pl
Ewa Kruszko, attorney-at-law
Tel.: +48 22 437 82 00, 22 537 82 00