BANKRUPTCY AND
RESTRUCTURING

Team Leader:
Wojciech Barański
Legal Advisor, Partner
Contact:
DMS DeBenedetti
Majewski Szcześniak
tel. +48 22 339 54 00
wbaranski@dms-legal.com
BANKRUPTCY AND RESTRUCTURING
What we offer
• We prepare pre-pack applications and applications for liquidation arrangements, a bankruptcy procedure rarely used in practice.
• We defend clients against unjustified petitions for bankruptcy.
• We prepare applications for opening all the various types of restructuring proceedings and restructuring plans.
• We advise and represent clients at every stage of restructuring proceedings.
• We negotiate amendments on behalf of our clients on the terms of repaying existing liabilities, raising new financing, establishing new security instruments or selling a portion of the assets to repay creditors.
• We develop detailed reports comprising recovery plans, which, with the client’s approval, are implemented in practice by our legal advisors, including companies acquired and managed by investment funds.
• We prepare the documentation for changing the terms of repayment of existing liabilities, establishing new security instruments or selling a portion of the assets to repay creditors.
• We provide advisory services on converting some or all claims into equity, and/or raising new financing to repay existing liabilities.
• We participate in negotiations with creditors – we prepare draft agreements, and conduct litigation as needed to implement certain recovery plans.
• We prepare debt assumption agreements for companies managed by investment funds.
References:
• representing an investment fund in multi-faceted litigation involving the bankruptcy of an entity from the developer industry,
• representing an entity from the construction industry in the liabilities restructuring process,
• representing a creditor in Poland’s largest bankruptcy procedure after the transformation of Poland’s economic system,
• conducting bankruptcy proceedings of a public company,
• debt restructuring closed with a settlement agreement with a public company, thereby ending a ten-year dispute with creditors,
• representing a creditor – a bank – in the bankruptcy proceedings of a company in the construction industry,
• representing a creditor – a public company – in the bankruptcy procedure of a food industry company (a leading producer in the agro sector),
• providing legal advice to a financial creditor regarding bankruptcy procedure on the basis of regulations concerning international bankruptcy proceedings,
• representing a creditor in the bankruptcy proceedings of a foreign concern in the white goods industry,
• representing an entity in the agri-food industry in the restructuring process,
• defending an insurance company against petitions for bankruptcy.