Adam Studziński
When a debtor starts litigation to avoid paying a debt—continued
28.06.2023
Actio pauliana, protection of contracts, creditor protection
It is worthwhile for creditors to take part in litigation even if the outcome could go against them. This way, they can help prevent the court from issuing rulings sought by colluding debtors and their allies.

When a debtor starts litigation to avoid paying a debt
15.06.2023
Actio pauliana, creditor protection
Dishonest debtors are increasingly daring to use court proceedings to fictitiously dispose of funds to pay their debts. They believe that if they obtain a final judgment that orders them, for example, to pay an amount to a third party, the creditor will not be able to contest the payment. But is the creditor completely defenceless? With this article, we are kicking off a series on what to pay attention to and how to react when a debtor initiates court proceedings that may render the debtor insolvent.

Maintenance for the debtor’s relatives may be considered injurious to creditors
27.04.2023
creditor protection
Acts by a debtor benefitting a third party—a family member entitled to maintenance—can violate the interests of other creditors and frustrate their ability to satisfy their claims from the debtor’s assets. This entitles creditors to seek legal protection under Art. 527–534 of the Polish Civil Code. A fraudulent transfer claim against a third party can be used to set aside a deed establishing a maintenance obligation.

Establishing the invalidity of a fraudulent agreement as an alternative to ruling it ineffective under Civil Code Art. 59
26.08.2022
protection of contracts, creditor protection
A year has passed since a counterparty entered into an agreement with a third party preventing actual performance of a contract previously entered into with the counterparty. Thus the one-year time limit under Art. 59 of the Polish Civil Code has already expired. Is there still any chance to eliminate from legal circulation a fraudulent transaction that harms the creditor?

A debtor disposes of assets before the debt falls due: Can the creditor pursue a fraudulent transfer claim against a third party?
26.08.2022
Actio pauliana, creditor protection
An investor and a contractor sign a construction contract. Before the contractor begins work, the investor disposes of valuable assets, from which the contractor could satisfy its claim for the fee, but the fee will not be due until completion of the work. In that situation, can the contractor take advantage of the broad protection of a fraudulent transfer claim against a third party?

Creditor Protection—a new vortal
30.06.2022
creditor protection
With creditors in mind, we have launched a new special-interest service on our website, Creditor Protection, devoted entirely to what creditors can do when debtors unlawfully evade payment of their debts or performance of other obligations.

A good compliance system can help protect a business from dishonest debtors
30.06.2022
creditor protection, miscellaneous
Pursuing claims and recovering debts is a legitimate right of every creditor, as is checking partners’ credibility. But this should be done wisely and prudently. Not only money is at stake, but also reputation, says Jarosław Szeląg, legal director and compliance officer at a financial institution operating in the automotive market.

Operational methods for determining the elements and value of a decedent’s estate
30.06.2022
detective’s perspective, creditor protection
Interview with Tomasz Mostowski, a licensed private investigator from the Legalplus detective agency

How do dishonest debtors hide their assets and income?
30.06.2022
detective’s perspective, creditor protection
Interview with Tomasz Mostowski, a licensed private investigator from the Legalplus detective agency

How can a private investigator help in a case against a dishonest debtor?
30.06.2022
detective’s perspective, creditor protection
Interview with Tomasz Mostowski, a licensed private investigator from the Legalplus detective agency

When a debtor rejects an inheritance to the detriment of a creditor
30.06.2022
creditor protection, creditors in inheritance proceedings
Seeking to evade their obligations, debtors may take various actions in connection with their possible right to inheritance from a third party. A debtor might attempt to conceal the elements or value of the estate. They might even reject the inheritance before the court or a notary, but the creditor is not defenceless in that situation. The purpose of this article is to introduce readers to a legal instrument protecting the creditors’ interests in a situation where the debtor rejects an inheritance.

When a debtor dies or inherits, what can a creditor do to determine what is in the estate?
30.06.2022
creditors in inheritance proceedings, creditor protection
One problem that can affect a creditor is the debtor’s death. Then a creditor seeking to recover a claim must in some way determine as soon as possible the value of the estate left by the deceased debtor, whether the claim is included in the estate, and who, from the group of potential heirs, and to what extent, will be responsible for the debtor’s obligations.
