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Maintenance for the debtor’s relatives may be considered injurious to creditors
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.
Maintenance for the debtor’s relatives may be considered injurious to creditors
A debtor disposes of assets before the debt falls due: Can the creditor pursue a fraudulent transfer claim against a third party?
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?
A debtor disposes of assets before the debt falls due: Can the creditor pursue a fraudulent transfer claim against a third party?
Establishing the invalidity of a fraudulent agreement as an alternative to ruling it ineffective under Civil Code Art. 59
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?
Establishing the invalidity of a fraudulent agreement as an alternative to ruling it ineffective under Civil Code Art. 59
Acknowledgement of debt: What does the debtor’s behaviour mean?
Recently, the Supreme Court of Poland commented on the subject of acknowledgement of debt, and at the same time gave some general guidance on how to interpret a debtor’s statements and behaviour. This is a key practical issue, as action by the debtor can cause interruption of running of the statute of limitations on the claim. Therefore, debtors should be cautious about what they state to creditors. Conversely, in many cases, creditors can take advantage of the debtor’s behaviour to improve their legal position.
Acknowledgement of debt: What does the debtor’s behaviour mean?
Creditor Protection—a new vortal
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.
Creditor Protection—a new vortal
Fraudulent transfer claim against a third party: A basic instrument for protecting creditors against debtors’ insolvency
The deepening crisis of debtor honesty means that today, more than ever, creditors face the risk that debtors will not only fail to pay their debts voluntarily, but will hinder enforcement by transferring assets to third parties. In such situations, a fraudulent transfer claim against the third party (sometimes called a “Pauline action”), known and applied in legal systems of many countries around the world, comes to the creditor’s rescue.
Fraudulent transfer claim against a third party: A basic instrument for protecting creditors against debtors’ insolvency
When the other party seeks to prevent performance of a contract
After conclusion of a preliminary agreement for sale or long-term tenancy of real estate, the owner refuses to conclude the final agreement, instead selling the property to another buyer or delivering the property to another tenant. Or imagine a contract for future delivery of rare, hard-to-find components essential for manufacturing, where the seller then enters into another contract promising to supply a direct competitor, preventing the supply to the original buyer. In such situations, does the original buyer have a claim other than for monetary damages for breach of contract, or can it enforce performance of the original contract?
When the other party seeks to prevent performance of a contract
Which court should hear a fraudulent transfer case against a third party or a case seeking to protect real performance of a contract?
To challenge a transaction by a debtor with a third party injurious to a creditor (fraudulent transfer action) or a contract by the debtor with a third party (action under Civil Code Art. 59), it is essential to file the properly drafted statement of claim with the court with proper venue geographically and for the subject matter. How to determine which court is proper to hear the case?
Which court should hear a fraudulent transfer case against a third party or a case seeking to protect real performance of a contract?
When a debtor dies or inherits, what can a creditor do to determine what is in the estate?
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.
When a debtor dies or inherits, what can a creditor do to determine what is in the estate?
When a debtor rejects an inheritance to the detriment of a creditor
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 rejects an inheritance to the detriment of a creditor
How can a private investigator help in a case against a dishonest debtor?
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?
How do dishonest debtors hide their assets and income?
Interview with Tomasz Mostowski, a licensed private investigator from the Legalplus detective agency
 
How do dishonest debtors hide their assets and income?