As part of our restructuring advisory services, we provide, i.a.:
- preparation of a restructuring plan
- acting as a supervisor in arrangement approval proceedings based on an agreement with the debtor
- acting as a supervisor and administrator in a restructuring proceeding with the creditor's consent
- applications for consumer bankruptcy
- applications for (business) bankruptcy
- restructuring advisory services
- bankruptcy advisory services
We ensure professional and discreet negotiations and conclusion of out-of-court and agreement settlements between the creditor and the debtor in order to postpone the payment of debts, convert them into installments, and reduce them.
Restructuring plan
Every restructuring process starts with identifying minor or major problems with financial liquidity. The next step is to search for a solution to the debtor's difficult situation. Drawing up a comprehensive restructuring plan at the earliest possible stage, which includes an analysis of the causes of the difficult situation and initial restructuring measures is very helpful in such situations.
As part of the service of preparing a restructuring plan, we will, i.a.:
- conduct an analysis of the criteria for insolvency and the risk of insolvency
- indicate possible variants of the restructuring procedure
- prepare a financial and asset analysis of the company
- propose available restructuring measures
- provide initial proposals for agreements.
Arrangement approval proceeding
Arrangement approval proceeding (also known as PZU 2.0) is conducted by the lowest formality and minimal court interference. It is the only procedure in which the debtor decides who will be their supervisor by entering into an agreement with a chosen restructuring advisor.
The restructuring procedure is carried out in relation to a debtor who has become insolvent (i.e. lost the ability to meet due obligations) or is at risk of insolveny (i.i. may become insolvent in the near future).
Benefits of the arrangement approval proceeding:
- No need to obtain a court order to initiate the procedure
- Low level of formalization
- Limited court intervention
- Independent selection of the supervisor of the arrangement
- An option to choose a course with special debtor protection
- Limited time of the procedure
- Remote handlig of the main part of the procedure
- Final effects similar to other restructuring procedures
Supervisor in restructuring
Every restructuring process starts with identifying minor or major problems with financial liquidity. The next step is to search for a solution to the debtor's difficult situation
As licensed restructuring advisors, we act as the supervisor of the arrangement by overseeing the debtor's activities in the process of approving the arrangement. The Supervisor does not restrict the debtor in managing their assets; rather, their role is to assist the debtor in carrying out the restructuring, preparing arrangement proposals, and conducting voting on the arrangement.
A court-appointed Supervisor oversees both the accelerated arrangement proceedings and the arrangement proceedings. The role of the Supervisor corresponds to the competence of a court-appointed Supervisor in the former bankruptcy with the possibility of concluding an arrangement. In order to carry out acts of extraordinary administration, the court-appointed Supervisor's consent is required under pain of nullity, unless the law stipulates the approval of the creditors' committee.
In the sanation proceedings, we serve as the Administrator managing the debtor's assets. The function of the Supervisor or Administrator, as well as the function of the trustee in bankruptcy proceedings, can only be performed by an entity that is licensed as a restructuring advisor.
The Court Supervisor and the Court Administrator must be appointed by the court in the decision to open arrangement proceedings and in the decision to open sanitation proceedings, respectively. As a rule, the selection of the person licensed as a restructuring advisor who is appointed to perform these functions is made by the Court independently; however, it is bound by the debtor's request supported by creditors holding together more than 30% of the total claims.
Consumer bankruptcy filings
Our restructuring advisors will assist in preperation of a complete application for consumer bankruptcy for individuals in a difficult financial situation. Filing for bankruptcy is worth considering regardless of the amount of debt owed. Consumer bankruptcy is available to individuals who do not run an active business, including entrepreneurs who have decided to close their business activity.
As part of our services related to consumer bankruptcy, we provide, i.a.:
- analysis of the debt situation and preparation of a list of creditors
- preparation of a complete bankruptcy application in the KRZ system
- drafting a simulation of a creditor repayment plan
- analysis of potentially included assets in the bankruptcy estate and those left for the debtor's use
- handling of proceedings related to the declaration of bankruptcy.
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Contact Us:
Leszek Dutkiewicz
Managing Partner
phone: 32 73 13 420
email: This email address is being protected from spambots. You need JavaScript enabled to view it.