We are delighted to inform you that the team of the Law Office headed by Partner Bartosz Groele, attorney-at-law, with Mateusz Grzeszczyk, the trainee, and Ewa Tkaczuk, attorney-at-law, at its initial stage, successfully carried out the prepared liquidation procedure under the so-called consumer bankruptcy procedure.
On December 28, 2020, the 5th Commercial Division of the District Court in Opole announced consumer bankruptcy, at the same time approving the conditions for the sale of the debtor’s property of significant value. The case is a precedent because until recently it was not clear whether it was permissible to use the institution of pre-pack in consumer bankruptcy proceedings. Thanks to the amendment to bankruptcy law of March 2020, the possibility of submitting such an application was explicitly allowed. The decision of the court in Opole may be considered one of the first in this matter.
Recruitment has started for open postgraduate studies on “Restructuring and Bankruptcy Law”, which will be conducted from January until the end of September 2021 at the Jagiellonian University. The recruitment lasts until October 25 this year, and the order of applications decides on its results. Please enrol via the website. The qualification form can be found at the link below
In principle, classes will be held on Saturdays and Sundays, twice a month, with a holiday break in July and August, with the possibility of switching to remote classes, depending on the current epidemiological situation. The lectures are aimed at providing comprehensive information in the field of economics, accounting, methodology of expert work and in-depth understanding of the economic processes against which bankruptcy or insolvency occur. Moreover, you will be furnished with an up-to-date expert knowledge in the field of restructuring and insolvency law as well as in the field of other branches of law, such as criminal, civil and financial law. The studies last two semesters and finish with a final exam.
The speakers at this postgraduate program will be both people conducting research in the area of bankruptcy and restructuring issues, as well as outstanding practitioners, among others: judges of administrative courts, common courts, the Supreme Court, advocates, attorneys-at-law and court experts. We encourage you to read the detailed program of the studies at the link below
On September 19,2020 during the Knockout Boxing Night 13 gala in Tarnów, Polish boxer Adam Balski, a Client of the TGP Office Law, knocked out Jarosław Prusak (9-5, 9 KO) in the first round. Please accept our sincere congratulations on your success and wish you further career development with as few lawyers as possible.
On October 16, 2020, the District Court for the Capital City of Warsaw in Warsaw, XVIII Commercial Division for bankruptcy and restructuring matters, declared insolvency of Home Broker S.A.. The Law Office has been advising the Company from the moment of starting work on the bankruptcy petition and represented it before the declaration of bankruptcy. The work was supervised by the Partner of the Office Law, advocate Bartosz Groele, and the team comprised advocate Bartosz Magnowski, attorney-at-law Wojciech Młocek, advocate Kamil Strus, as well as the trainees: Dominika Koss and Karolina Piątek.
We are delighted to announce that two cassation appeals submitted by our Law Firm have recently been accepted by the Supreme Court for adjudication. They concerned fraudulent claims related to the sale or the mortgaging of a real estate (file reference number: III CSK 338/19 and I CSK 130/20). The Partner of the Law Firm, advocate Bartosz Groele supervised the team that prepared the appeals: attorney-at-law Kamil Strus, attorney-at-law Wojciech Młocek and advocate Bartosz Magnowski. In both cases, the Supreme Court shared the views of the Law Firm’s Team on the existence of significant legal issues. Thus, the subject matter of the hearing before the Supreme Court will be: the legal construction of the premise of causing harm to a creditors and the interpretation of the arbitrariness of its satisfaction, specific allotment of the burden of proof in the actio pauliana action and the decision whether the fraudulent creditor is based on Article 532 of the Polish Civil Code. We are pleased that we will have the opportunity to participate in shaping the jurisprudence for such important areas in legal transactions.
The Partner of the Law Firm, advocate Bartosz Groele, an expert on insolvency law, shared his insights in the article entitled: “The taxman and the Social Security Institution cut deals. How to seal a deal with a government office?”, which was published on 8 October 2020 in Dziennik Gazeta Prawna. The article concerns the issue of how indebted enterprises are currently getting along with the Tax Office and ZUS (Social Insurance Institution). Thanks to the amendment to bankruptcy and restructuring law introduced on January 1, 2016, the catalog of public-law dues, which have priority in enforcement, was significantly reduced as well as the so-called institution of the private creditor test was introduced. The legal effects of the changes are regarded as mostly positive by the Partner of the Law Firm. His extensive commentary on the issue is quoted by today’s Dziennik Gazeta Prawna. Please find the article at the link below: https://biznes.gazetaprawna.pl/artykuly/1492868,fiskus-i-zus-chodza-na-uklady-jak-wyglada-sprawa-dogadywania-sie-firm-z-urzedami.html
On October 7-9, 2020, the 16th edition of ICABE 2020: The International Conference on Applied Business and Economics took place. A Partner of the Law Firm was invited to participate in this event. On the first day of the conference Advocate Bartosz Groele, together with scientists from the Gdańsk University of Technology and SGH Warsaw School of Economics, held a lecture on “Bankruptcy Law Severity for Debtors – Comparative Analysis Among Selected Countries.” This year the event was organized entirely online – by universities, educational institutions and economic organizations from Poland, Greece, Malta, Spain, Russia, Latvia and the United States. The conference aims to connect the world of science with business and economics in order to strengthen cooperation between scientists and professionals.
Dziennik Gazeta Prawna published an extensive article by advocate Bartosz Magnowski and attorney-at-law Krystyna Lachner entitled: “How to look after the creditor’s interests when simplified restructuring proceedings are underway”. The publication contains a number of practical examples, formulas and templates for creditors. We encourage you to read the article in a paper or electronic version at https://lnkd.in/dx8KJze
The publication entitled “COVID-19. BeckOK® Commentary on Anti-Crisis Shields ”, which was recently published on the Legalis platform of C.H. Beck, edited by Dr. Kamil Szmid, provides an exhaustive overview of the solutions introduced by the recently enacted laws aimed at mitigating the effects of the epidemic. The commentary was co-authored by over 40 practitioners who specialize in various areas of the law. Among them were the practitioners from our law firm: Partner of the Law Firm, advocate Bartosz Groele, attorney-at-law Bartosz Magnowski, attorney-at-law Wojciech Młocek and attorney-at-law trainee Patryk Zawada. Please find the publication at the link below: https://legalis.pl/aktualnosci/covid-19-komentarzedoustawantykryzysowych/fbclid=IwAR0mZXCXg0pmBIMqlpqgD9odajE1h1bli0jg3a293HLSl3qxW9sZRhu56i4
Attorney-at-law Wojciech Mocek and attorney-at-law trainee Karolina Piątek commented on the website Prawo.pl on the simplified restructuring proceedings which were introduced on June 24th this year by the Shield 4.0. The new law amending current bankruptcy law raises many interpretative doubts, e.g. concerning the conflict of the bankruptcy petition and the opening of simplified restructuring proceedings. We encourage you to read the whole article at the link below https://www.prawo.pl/biznes/uproszczone-postepowanie-restrukturyzacyjne-w-kolizji-z,502899.html