Protecting the interests of creditors against dishonest actions by debtors
A creditor affected by asset-stripping by a debtor doesn’t have to remain a passive victim of dishonesty.
Offence of fraudulent encumbrance of assets to frustrate satisfaction of creditors
Sham encumbrance of assets to convince third parties of non-existent legal consequences may constitute a crime. Incurring fictitious obligations is an example.
Selective payment of creditors can be a crime
Arbitrary, selective payment of only certain debts may result in criminal liability of the debtor, including in a case where it is only threatened with insolvency, if such action exposes other creditors to a loss.
Banks lose privileges
Until now, it has been distinctly easier for banks in Poland to secure and later enforce their receivables than for other creditors. Will a new amendment to the Banking Law change this?
When may a creditor assert a fraudulent conveyance action despite the debtor's entering bankruptcy?
A fraudulent conveyance action protects creditors in the event of the debtor’s insolvency. The ability of specific creditors to use this instrument is limited, however, because of the importance of protecting the interests of all creditors.
The creditor's dilemma: Join forces or go it alone?
When assets are being removed from a debtor threatened with insolvency, the creditors face a choice of seeking to set aside such transactions independently, or filing a bankruptcy petition and relying on the actions of the bankruptcy trustee.
A dishonest party may be required to pay a debt through criminal proceedings
The penal sanction of the duty to redress loss or provide satisfaction for injury, which may be imposed on a dishonest debtor by the criminal court, protects the interests of creditors.
Jan Ciećwierz: I have yet to encounter a situation in which the creditors were without hope
An interview with Jan Ciećwierz, a partner Wardyński & Partners, on how debtors avoid paying their obligations and how the law protects creditors from such actions.
Changes to regulations concerning parenthood leave
Parental leave and swift entry into force of increased additional maternity leave – main amendments
Assigning different work to an employee without issuing an amending termination notice
The Labour Code enables an employer to assign work to an employee differing from the work described in the employment contract without formally amending the contract, but this does not mean boundless discretion to change the employee’s working conditions.
A troublesome privilege
Parliamentarians seek to strip banks of the opportunity to use bank writs of execution while awarding a comparable privilege to credit unions.
Sugar-free? Not so simple
The practice of food labelling inspectors prevents consumers from making informed choices—effectively working against the policy of promoting healthy eating.
