Insolvency law

W zakresie prawa upadłościowego i restrukturyzacyjnego prawnicy Kancelarii SKUBISZ mogą Państwu pomóc w następujących problemach

  • Our Law Firm provides legal services in the field of insolvency and restructuring law, in particular using the knowledge and practical experience of prof. A. Jakubeckia long-standing member of the Civil Law Codification Commission under the Minister of Justice, co-author of the bankruptcy and reorganization law project of 2003 and an experienced lecturer at training courses for restructuring advisors and bankruptcy judges.

  • Skubisz's advisory services in the field of insolvency and restrucutring law include advising and providing legal assistance to debtors (entrepreneurs and consumers) who are are threatened or have already found themselves in insolvency The counselling refers to the stage preceding the submission of an application for bankruptcy, the stage of bankruptcy proceedings and the stage after the declaration of bankruptcy. If a debtor is threatened with insolvency, the Law Firm provides advisory services as to the choice and need to launch restructuring procedures for the debtor.

  • Advice on bankruptcy law and restructuring law is also addressed to the creditors of debtors , with respect to whom bankruptcy orrestructuring proceedings have been announced. It covers, in particular, issues relating to the recovery of claims after the declaration of bankruptcy or after the opening of restructuring proceedings, including the realization of securities in property claims.

Scope of services

01

Initiation of insolvency proceedings

We advise debtors on the assessment of the grounds for declaring bankruptcy, the deadline for filing a bankruptcy petition and sanctions for failure to comply with this obligation, as well as the choice between the petition for declaring bankruptcy and the petition to open restructuring proceedings. The services addressed to creditors of an insolvent debtor include advising on the grounds for declaring bankruptcy and preparing the necessary documentation.

02

Restructuring proceedings initiation

We advise on the grounds for opening the restructuring procedure and on the choice of the appropriate type of restructuring procedure (procedure for approval of the arrangement, accelerated arrangement procedure, arrangement procedure, remedial proceedings).

03

Debt collection in insolvency proceedings

We participate in the preparation of documents related to the declaration of claims in bankruptcy proceedings and the contestation of the list of claims, as well as the plan to distribute the funds of the bankruptcy estate and the plan to distribute the sum obtained from the cashing of objects encumbered with a mortgage, pledge, registered pledge or maritime mortgage.

04

Disputes

We provide consultations in the scope of pursuing disputed claims after the declaration of bankruptcy or after the opening of restructuring proceedings in relation to the debtor. At the client's request, we conduct proceedings for the benefit of a creditor or a debtor (trustee, administrator) as a legal representative.

05

Creditor's supervision over the course of bankruptcy proceedings and the restructuring process

We support creditors participating in bankruptcy and insolvency proceedings in assessing the legality of actions taken by the entities of these proceedings (court, judge-commissioner, receiver, administrator, court supervisor) and in preparing admissible remedies.