BANKRUPTCY LAW


Our Law Office provides legal advice on cases connected with widely understood bankruptcy and reorganization law. We represent our clients both in proceedings before the courts and during negotiations. The services offered are the following:

Declaration of bankruptcy

  • checking whether there is a legal basis to file for bankruptcy,
  • checking whether Members of the Board shall be exempt from liability for the company's debts,
  • preparation of attachments to the application for bankruptcy, according to legal regulations,
  • preparing and filing an application for bankruptcy,
  • preparing an application for approval of terms and conditions of selling an enterprise,
  • correcting an application for bankruptcy at the request of the court,
  • complaint procedure in the event the application for bankruptcy is dismissed,
  • further representation before the court until declaration of bankruptcy.

Monitoring of bankruptcy and reorganization proceedings

  • representation in contact with the receiver, judge-commissioner and creditors during bankruptcy and reorganization proceedings,
  • regular reporting on the status of bankruptcy and reorganization proceedings,
  • monitoring of deadlines for legal acts in bankruptcy and reorganization proceedings.

Representation in bankruptcy and reorganization proceedings

  • reporting a claim to bankruptcy estate,
  • application for establishment of a trustee in bankruptcy for the debtor,
  • application for introduction of a court administrator,
  • application for receivership in bankruptcy,
  • application for coercive means towards the debtor,
  • appealing against decisions of the judge-commissioner and acts of the receiver,
  • representation in the proceedings for allocation of a sum of money to satisfy housing needs of the bankrupt after his house or apartment has been sold,
  • representation in the proceedings for remission of liabilities of a debtor who is a natural person, which were not covered in bankruptcy proceedings (Article 369 of the Bankruptcy Law),
  • representation in the proceedings for exclusion of assets from the bankruptcy estate,
  • lodging objections against a list of claims,
  • representation in the proceedings for declaring that the acts performed by the bankrupt before filing for bankruptcy were ineffective,
  • objections to division plan,
  • representation in the Committee of Creditors,
  • representation at Meetings of Creditors,
  • petition to punish or dismiss the receiver,
  • putting forward composition proposals,
  • complaint against a decision regarding approval of a composition agreement,
  • application to revoke a composition agreement,
  • objection to estimation and assessment of an enterprise,
  • complaint against approval of a bidder,
  • legal advice on purchasing assets in bankruptcy proceedings,
  • legal advice on concluding an instalment agreement with public creditors (Social Insurance Institution, Tax Office, Guaranteed Employee Benefits Fund),
  • application for discontinuance of the proceedings,
  • representation in bankruptcy proceedings instituted after debtor's death,
  • representation in the proceedings for approval of a composition agreement (Article 210 et seq. of the Reorganization Law),
  • representation in speeded-up composition proceedings (Article 227 et seq. of the Reorganization Law),
  • representation in recovery proceedings (Article 283 et seq. of the Reorganization Law).

Representation of the Members of the Board

  • representation in civil proceedings against Members of the Board for liability for the company's debts - Article 299 of the Commercial Companies Code, Article 21 of the Bankruptcy Law,
  • representation in cases concerning liability of Members of the Board for tax obligations - Article 116 of the Tax Law,
  • representation in the proceedings concerning prohibition to conduct business activity by Members of the Board - Article 373 of the Bankruptcy Law,
  • defence/prosecution before criminal court in cases concerning provision of false information in the application for bankruptcy - Article 522 of the Bankruptcy Law,
  • defence/prosecution before criminal court in cases concerning a debtor hampering work of the receiver or judge-commissioner - Article 523 of the Bankruptcy Law,
  • defence/prosecution before criminal court in cases concerning criminal liability for not filing for bankruptcy - Article 586 of the Commercial Companies Code,
  • defence/prosecution before criminal court in cases concerning criminal liability for concealment of estate - Article 300 of the Criminal Code,
  • defence/prosecution before criminal court in cases concerning criminal liability for so-called false bankruptcy- Article 301 of the Criminal Code,
  • defence/prosecution before criminal court in cases concerning criminal liability for satisfying claims of selected creditors - Article 302 § 1 of the Criminal Code,
  • defence/prosecution before criminal court in cases concerning criminal liability for so-called bankruptcy bribery - Article 302 § 2 of the Criminal Code.