BANKRUPTCY LAW
The Law Firm advises and conducts cases conducted on the basis of the Act of 28 February 2003. Bankruptcy Law and the Act of 15 May 2015 on Restructuring Law.
We prepare legal analyses and provide advice to Clients interested in conducting proceedings under these acts. We represent Clients before the authorities conducting proceedings regulated by these acts, both acting as debtors and creditors, as well as in criminal proceedings related to business transactions.
Below is a detailed scope of services:
- - Bankruptcy proceedings
- examination of whether there are legal grounds for filing for bankruptcy (in the scope of entities conducting business activity),
- examination of the degree of the debtor's contribution to the occurrence of insolvency,
- checking whether the members of the management board will be exempt from liability for the company's liabilities,
- formally and substantively preparing the application and annexes to the bankruptcy application,
- preparation and filing of a bankruptcy petition,
- preparation of an application for approval of the terms and conditions of sale of the enterprise,
- supplementing the bankruptcy petition in response to the Court's obligation;
- further representation before the Court until the bankruptcy petition is examined,
- appeal proceedings in the event of dismissal of a bankruptcy petition,
- - Monitoring of bankruptcy and restructuring proceedings
- representation in contacts with the receiver, court supervisor, arrangement supervisor and with the Court and the Judge-Commissioner and creditors in the course of bankruptcy and restructuring proceedings,
- regular reporting on the status of bankruptcy and restructuring proceedings,
- monitoring the deadlines for performing procedural actions in bankruptcy and restructuring proceedings,
- - Representation in bankruptcy and restructuring proceedings
- filing claims to the bankruptcy estate,
- application for the appointment of a trustee for the debtor,
- an application for the appointment of a court supervisor,
- application for the establishment of compulsory administration over the debtor's assets,
- application for the application of other coercive measures against the debtor,
- challenging the actions of the receiver and the judge commissioner,
- representation in proceedings for the allocation of an amount to meet the housing needs of the bankrupt after the sale of his house or apartment,
- representation in proceedings for the cancellation of liabilities of a debtor who is a natural person not satisfied in bankruptcy proceedings (Article 369 of the Bankruptcy Act, Article 49114-21 of the Bankruptcy Act),
- representation in proceedings for the exclusion of assets from the bankruptcy estate,
- filing objections to the list of receivables,
- representation in proceedings for declaring ineffective actions performed by the bankrupt before filing a bankruptcy petition,
- objections to the division plan,
- representation in the Council of Creditors,
- representation at Creditors' Meetings,
- application for punishment or dismissal of the receiver,
- representation of debtors and creditors in arrangement proceedings, accelerated arrangement proceedings, decision on approval of arrangement and in remediation proceedings,
- a complaint against decisions issued by the authorities conducting restructuring proceedings,
- application for repeal of the arrangement,
- allegations against the description and estimation of the company,
- legal assistance in the acquisition of assets in bankruptcy proceedings,
- legal assistance in concluding installment agreements with creditors, including public law creditors (ZUS, US, FGŚP),
- Application for discontinuation of proceedings
- - Representation of board members
- representation in civil proceedings against members of the management board for liability for the company's liabilities - Article 299 of the Commercial Companies Code, Article 21 of the Bankruptcy Act,
- representation in the case of liability of members of the management board for tax liabilities under Article 116 of the Tax Ordinance,
- representation of natural persons, members of the management board, members of supervisory boards, audit committees and their representatives and proxies in proceedings concerning the prohibition of conducting business activity - Article 373 of the Bankruptcy Act,
- acting, depending on the specificity of the proceedings, as defence counsel or attorneys for Clients in criminal proceedings:
- o o providing false information in the bankruptcy petition - Article 522 of the Bankruptcy Act,
- o o obstruction of the work of the receiver or judge commissioner by the bankrupt and his representatives - Article 523 of the Bankruptcy Act,
- o in matters of criminal liability for failure to file for bankruptcy - Article 586 of the Commercial Companies Code,
- o criminal liability for concealment, disposal, donation, destruction and apparent encumbrance of property - Article 300 of the Penal Code.
- o criminal liability for the so-called apparent bankruptcy - Article 301 of the Penal Code
- o criminal liability for selective satisfaction of creditors - Article 302 § 1 of the Penal Code.
- o criminal liability for the so-called bankruptcy bribery - Article 302 § 2 of the Penal Code.