SPECIALIZATION:

BANKRUPTCY AND RESTRUCTURING


We represent and advise clients in the largest and most complicated Polish and international restructurings and bankruptcy proceedings. We know that effectiveness is the key to success in such cases, and the key to effectiveness is to be interdisciplinary, act promptly and react responsively. In our team, experience in litigation is combined with competence in advising on transactions.


We have the skills in what is needed to complete successful court-supervised and out-of-court restructurings. We help clients to recover their money in the course of restructuring and bankruptcy proceedings and provide full-service suport.

We have worked for businesses in crisis, creditors, investors, holding companies, banks and many other parties involved in restructuring and bankruptcy cases. Our experience includes:

Court restructuring proceedings
We guide our clients through the selection, development and implementation of optimised restructuring plans and composition proposals. We help them go through all the stages of a court-supervised restructuring, from the drafting of an application, through making arrangements for and holding a meeting of creditors, up to ensuring that the composition is approved and implemented.

We advise on and help to create the best conditions possible to develop and carry out the best possible composition proposals in court restructuring proceedings, using the instruments and methods widely used in international out-of-court restructurings, such as:

  • we draw up, negotiate and comment on all the arrangements that predate or accompany a composition, such as standstill and pactum de non petendo, financing and corporate agreements, security arrangements, etc.
  • we help adjust the corporate and asset structure of the enterprise to the future composition, such as through the sale of redundant assets, ensuring that such measures are legally safe,
  • we make arrangements for reorganization of the employment structure so that it is best suited to the future implementation of the composition,
  • we work out a legal framework for ensuring financing for the future restructuring: credit agreements, State aid, restructuring of debt under public dues (relief, postponement of social security dues, taxes and other public charges).

Bankruptcy proceedings
We support our clients at every phase of the largest and most complex restructuring proceedings:

  • drafting of bankruptcy applications,
  • pre-pack,
  • reporting claims,
  • drawing up lists of creditors,
  • exclusions from the bankruptcy estate,
  • control and evaluation of bankruptcy assets,
  • assessment of the plans of distribution,
  • creating a board of creditors, representing clients on the board,
  • contact with the receiver and with the supervising judge,
  • litigating bankruptcy fraud.

Our resources enable us to carry out even most complicated out-of-court restructuring projects that require expertise and experience in a number of fields:

  • debt restructuring – we assess the financing of documents and how they can be adjusted. We negotiate changes to credit documents and the terms of debt instruments. We advise in connection with procuring new financing,
  • State aid – State aid is becoming a frequent factor in restructuring processes. We can make it part of a restructuring programme, and our specialists advise on a full range of State aid matters. We provide comprehensive assistance to entrepreneurs who have already received State aid with regard to the restructuring of its terms,
  • restructuring of public debt – we evaluate the chances of receiving relief or postponement in payment of social security dues, taxes and other public charges. We represent clients in the related proceedings,
  • restructuring of employment – we provide comprehensive assistance in the difficult task of curtailing the number of employees or restructuring employment structures. We assist with planning and implementing collective redundancy plans (also providing psychological assistance), as well as in negotiations with trade unions,
  • distressed M&A – we have rich experience in transaction work, the purchase and sale of assets in the course of out-of-court restructurings and bankruptcy proceedings. We know how to ensure that such transactions are safe from a legal perspective,
  • Covid-19 – we are monitoring and reviewing new legislation adopted to address the Covid-19 pandemic and how it is applied. We know the instruments that are available to entrepreneurs at this difficult time, and we know how to use them.
Łukasz Berak
Partner, attorney-at-law
Jacek Siński
Partner, attorney-at-law
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