Areas of practice

CORPORATE RESTRUCTURING & INSOLVENCY LAW

The effectiveness of exiting the crisis depends on the activity of the entrepreneur, who – thanks to his actions – can detect the risk of insolvency relatively early. On January 1st, 2016, a new restructuring law came into force and the bankruptcy law was changed. The introduced changes allow for flexible economic and legal solutions for entrepreneurs at various stages of the financial crisis. We have many years of experience in supporting entrepreneurs whose companies are insolvent or threatened with insolvency.

 

The team dealing with the specialization:

We offer:

  • Representation of the creditor at the stage of opening restructuring proceedings / filing a petition for bankruptcy of the debtor and at subsequent stages of the proceedings We prepare petitions with filing a list of claims, petitions for exclusion from the bankruptcy estate and watch over further stages of the proceedings.
  • Support of a debtor applying for the opening of restructuring proceedings or for the declaration of bankruptcy before the court and in cooperation with restructuring advisers. We analyse the economic situation of the company in order to prepare the restructuring or bankruptcy proceedings. We prepare documents necessary for the submission of a motion to open restructuring proceedings or a motion to declare bankruptcy of a debtor and other procedural letters.
  • Conducting capital restructuring of individual commercial law entities and entire capital groups We advise and assist in the processes of transformation, merger, and division of commercial law companies and transformation of sole proprietorships into capital companies. We assist in the implementation of capital restructuring projects, in particular capital acquisitions, the sale or in-kind contribution of enterprises or their organized parts, and the sale of assets of enterprises.
  • Optimisation of the legal form or structure of business entities or capital groups with respect to the risk of insolvency We help in concluding agreements with creditors, negotiate and conclude out-of-court settlements with business partners and public and legal institutions, including the Social Insurance Institution (ZUS) and the Tax Office (US).
  • Representation of creditors at the creditors’ meeting and creditors’ council We analyse arrangement proposals in terms of: financial benefits, feasibility, and legitimacy of dividing creditors into interest groups and formal defects. We watch over the proper course of the meetings, safeguarding the interests of our Clients.
  • Supervision over the implementation of the arrangement and restructuring plans We monitor the efficiency of remedial actions acting as proxies of creditors.
  • Support for investors, in particular in the area of asset acquisition transactions in bankruptcy proceedings, including the sale of the enterprise or its organized part (pre-pack).
  • Representation of our Clients in court disputes, in disputes with bankruptcy receivers, administrators, and court supervisors We represent members of the management board of capital companies in court proceedings concerning liability for the liabilities of companies under Art. 299 of the Polish Commercial Companies Code, in cases concerning decisions on banning business activity, in criminal proceedings under Art. 299 of the Polish Commercial Companies Code and the Code of Criminal Procedure, and in matters related to the determination of tax liability.

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