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[ Law Firm ] / Specialisations

LENDING (LOANS)

We support financial institutions operating in the B2B lending sector, including loan companies that do not have the legal status of lending institutions.

[ What We Do ]

DEBT RECOVERY

Pre-litigation, court and enforcement debt recovery, as well as non-standard and creative solutions, including complex seizures of receivables and security obtained before proceedings are commenced.

LITIGATION

Claims against:

  • borrowers;
  • guarantors and in rem debtors;
  • persons liable for a debtor’s obligations, such as management board members or shareholders.

RESTRUCTURING AND BANKRUPTCY

Representing lenders as creditors in debtors’ restructuring and bankruptcy proceedings.

CRIMINAL CASES AND FRAUD

  • representing clients as injured parties in criminal proceedings;
  • investigating and uncovering fraud;
  • preparing notifications of suspected criminal offences;
  • conducting criminal cases and supporting law-enforcement authorities in bringing charges;
  • negotiating settlements before law-enforcement authorities;
  • enforcing obligations to remedy damage.

ONGOING LEGAL SUPPORT

Ongoing support for lenders—including legal opinions, day-to-day enquiries and consultations—and their individual departments and organisational units, as well as strategic and product-related advice.

TRAINING

Training in the prevention of loan fraud and the use of anti-fraud tools.

CREATION AND MANAGEMENT OF CONTRACT TEMPLATES

Legal supervision of the contract templates used by lenders, particularly loan agreements, terms and conditions and fee schedules. This includes reviewing documentation and proposing amendments resulting from changes in legislation, judicial decisions, official positions and the requirements of authorities supervising selected matters covered by the templates.

SECURITY

  • mortgages, including registrations, amendments and mortgage release documents;
  • registered pledges, including registered pledge agreements, registrations and releases;
  • promissory notes and avals, including issuance and individually tailored amendments to promissory-note agreements and declarations;
  • other agreements, including transfers of ownership by way of security, guarantees, security assignments and other forms of security;

RISK DEPARTMENT SUPPORT

Supporting analyses and decisions concerning loan limits by obtaining and legally analysing information and identifying legal risks, including database and corporate relationship analyses, background checks and audits of the legal status of real estate offered as security.

[ Experience and Selected Projects ]

GENERAL:

  • Launching a new lending company, providing training, organising compliance and procedures, and reducing the fraud rate from approximately 10% to approximately 2%.
  • Legal audit of loan documentation for a company that had been operating for several years;
  • Negotiating a settlement under a four-party agreement with one of Poland’s largest retail chains, acting as the debtor of an attached receivable owed to the borrower;
  • Amicable resolution of a dispute with a leading global automotive group concerning the effectiveness of an assignment intended to circumvent the lender;
  • Fraud prevention, including the development of original anti-fraud solutions for legal documentation;
  • Filing a subsidiary indictment that resulted in a settlement with the accused members of the borrower’s management board.

DEBT RECOVERY:

  • Successful recovery of receivables amounting to approximately PLN 4,000,000 in court proceedings involving a bankruptcy trustee;
  • Recovery of receivables owed by a subsidiary of a listed parent company by exercising shareholder rights as a form of lawful corporate pressure;
  • Successful actio Pauliana claim against the guarantor’s cohabiting partner, followed by successful enforcement against real estate worth PLN 1,500,000;
  • Successful enforcement of receivables owed by a third-party debtor concealed by a borrower operating in the medical sector, with a value exceeding PLN 1,000,000;
  • Bringing a claim against a third-party debtor and recovering, on its behalf and for the benefit of the client, more than PLN 300,000 paid to the enforcement officer;
  • Recovery of PLN 1,000,000 from a debtor pursued by nine entities from the financial sector;
  • Registration of a compulsory mortgage five days before an entrepreneur was declared bankrupt, which was not challenged by the bankruptcy trustee;
  • Repeated successful reversals of the effects of opening restructuring proceedings;
  • Revocation of an arrangement concluded in restructuring proceedings on the grounds that it was detrimental to a creditor;
  • Recovery of debt from the bank account of a debtor undergoing restructuring on the first day after its protection from enforcement was lifted;
  • Registration of a compulsory mortgage over property jointly owned by spouses despite the absence of explicit consent;
  • Obtaining two payment orders based on invalid promissory notes;
  • Obtaining several payment orders in order-for-payment proceedings against management board members liable for the obligations of limited liability companies acting as borrowers;