Adam Studziński
“Close relationship” of the parties to a transaction detrimental to creditors
26.09.2024
Actio pauliana, creditor protection
Through a fraudulent transfer claim against a third party, a creditor impacted by the debtor’s dishonest behaviour can enforce its rights against property transferred by the debtor to a third party. This allows the creditor to challenge the effectiveness of a transaction carried out with a third party to the creditor’s detriment.
Protecting investors from unlawful behaviour by founders of startups
05.09.2024
criminal law in creditor protection, damages for creditors, creditor protection
According to analysts, only 10% of startups are successful. Almost 90% of them fail—20% in their first year. On the record, such failures are often attributed to the founders’ failure to identify the customers’ needs, i.e. a real gap in the market, or blamed on competition and the uniqueness of the service or product. In less guarded moments, e.g. in online forums, much heavier accusations have been levelled against founders, such as the claim that most startups are designed to defraud investors or launder money.
Compensation from a developer who despite a preliminary contract sells the property to another person
05.09.2024
protection of contracts, creditor protection
Residential real estate prices in Poland have been rising steadily for many years. A house or apartment promised to be built or sold just a few months earlier may now have a market price much higher than on the date of signing of the preliminary contract. This may tempt some developers to renege on the final contract and instead sell the unit to another purchaser at a higher price. In such a case, what relief can the frustrated buyer obtain against the developer?
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