11.09.2021 Workshops Partner of the Law Office, advocatw Bartosz Groele at postgraduate studies at the Jagiellonian University concerning the prohibition of conducting business activity.

Partner of the TGA Law Firm, advocate Bartosz Groele, an expert in restructuring and insolvency law, had the pleasure last weekend (September 11-12 this year) to conduct workshops at postgraduate studies at the Jagiellonian University concerning the prohibition of conducting business activity.

Text by advocate Bartosz Groele entitled “Is the establishment of a mortgage still a sure way of securing receivables?” in the issue of CDK Progressio magazine

We are delighted to inform that in the latest issue of CDK Progressio magazine there is a text authored by advocate Bartosz Groele entitled: “Is establishing a mortgage still a sure way of securing receivables?”. We encourage you to read the entire article which was originally presented by advocate Bartosz Groele during VIII Congress of Banking Law, organized by the Polish Bank Association. The article recounts practical experiences which advocate Bartosz Groele and advocate Kamil Strus gained in the course of the trials conducted by the law office which involved actio Pauliana. This cause of action is aimed at protecting creditors from fraudulent legal transactions, specifically transactions intended to reduce a debtor’s estate by transfers to third parties in bad faith.

Working out a satisfactory compromise in the sanation proceedings

We are pleased to announce that the District Court for Wrocław-Fabryczna in Wrocław has recently issued a decision on the approval of an arrangement in the sanation proceedings, in which Tomasik Groele Adwokaci Law Firm under the supervision of advocate Bartosz Groele and advocate Bartosz Magnowski represented the main creditor of PGE Polska Grupa Energetyczna S.A. The negotiation process, which was complicated and multifaceted, was concluded with a satisfactory compromise, which also allowed for an immediate implementation of the arrangement.

Publication entitled “Restructuring and bankruptcy directive. International and Polish perspective” in August

We are proud to announce that in August 2021 the publication entitled “Restructuring and bankruptcy directive. International and Polish perspective” edited by Professor Rafał Adamus, Ph.D., associate professor at Opole University, advocate Maciej Geromin, advocate Bartosz Groele and justice Zbigniew Miczek was released. The contributors to the work are the following experts: Grzegorz Keler, Ph.D., Aleksandra Krawczyk, Ph.D., Bartosz Magnowski, Przemysław Malinowski, Ph.D., Tomasz Potempa, Anna Pukszto, Jerzy Sławek, Marcin Smaga, Ph.D., Bartosz Sokół, attorney at law Maciej Stasiewicz, Emil Szczepanik, Sławomir Szejna, Tomasz Trocki, Ph.D., Konrad Trzonkowski, Ph.D., and attorney at law Marzena Zalewska.

This work is the first national study of issues related to Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on a framework for preventive restructuring, debt relief and business bans and on measures to increase the effectiveness of restructuring, insolvency and insolvency procedures, debt relief, as well as amending Directive (EU) 2017/1132 (Restructuring and Bankruptcy Directive), which seems particularly important in its upcoming implementation into the national legal order. We believe this position will open up a doctrinal discussion in this area, which we sincerely encourage.

Finalization of the sale of diesel fuel included in the sanation mass of the TGA Law offices client

We are pleased to announce that in the last days of July this year, the sale of diesel oil, which is part of the sanation mass of our Client – a company operating in the fuel industry, against which restructuring proceedings are being conducted, was finalized.
The sale took place by way of tender, organized on the basis of the consent of the judge-commissioner, issued pursuant to Article 323(1) of the Restructuring Law, and the successful completion of this process is particularly pleasing due to the fact that This process turned out to be very complicated and multi-threaded, yet we are delighted to have handled it with relative ease.
An undoubted honor for the TGA Law Office and the team working on the case with Partner Bartosz Groele at the helm. The effective completion of this precedent sales procedure, which began in June 2020, was also due to trainee Karolina Piątek’s engagement on this case.

30.06.2021 r. TGA Partner advocate Bartosz Groele appointed to the Restructuring Team for Hospital Entities at the Ministry of Health

We are proud to announce that Partner of TGA Law Office advocate Bartosz Groele, was appointed on 30 June this year a member of the Team for the preparation of draft regulations on the development, optimization and reform of hospital entities, operating at the Ministry of Health. The main task of the team is to prepare a draft law reforming the hospital sector, along with the justification and the Regulatory Impact Assessment. Advocate Bartosz Groele was invited to participate in the work because of his many years of theoretical and practical experience in the subject of restructuring and insolvency law.

Precedent ruling of the District Court in Katowice on the possibility of declaring bankruptcy during simplified restructuring proceedings

In June 2021, the District Court in Katowice ruled on the possibility of declaring bankruptcy during simplified restructuring proceedings in the bankruptcy case conducted by the TGA Law Office. The court clearly indicated that from the date of opening the simplified restructuring proceedings, i.e. from the date of making the announcement in the Court and Economic Monitor, it’s not permissible to declare bankruptcy due to the content of Article 9a of the Bankruptcy Law. This issue has not been explained so far, as we signaled last year in an article by attorney- at -law Wojciech Młock and trainee Karoliny Piątek: https://lnkd.in/eEBNk9B

This ruling has a precedential and very significant impact on the continued application of simplified restructuring proceedings, which, according to information from the Ministry of Justice, will be permanently introduced into the order of insolvency law. This is undoubtedly a great honour for the Law Firm and the team working on the case, composed of advocate Bartosz Groele, attorney- at- law Wojciech Młocek, advocate Kamil Strus, that she could have significantly contributed to this precedent ruling.

17.06.2021 TGA Law Office participates in the 8th Congress of Banking Law organized by the Association of Polish Banks

On June 17, 2021, the 8th Congress of Banking Law, organized by the Association of Polish Banks took place. This year’s edition was devoted to three topics, one of which focused on the current directions of restructuring from the perspective of the Polish banking sector. The Partner of the TGA Law office and an insolvency law expert, advocate Bartosz Groele, gave his lecture on this topic. His presentation answered the following question: “Is the establishment of a mortgage still a certain way of securing a claim? – the current direction of the case law on the conflict of powers between a Paulian creditor and a mortgage creditor”. The issues discussed are an important part of the Law Office’s professional practice, in which advocate Bartosz Groele and advocate Kamil Strus are currently particularly involved.