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CASE STUDY.
Lawyers involved in the project:
The law firm, on behalf of a factoring company, recovered a debtor - a company engaged in trade, but also organizing employee quarters. Due to the large scale of the debt (about PLN 1 million), the debtor decided to derive a profitable segment of employee quarters in the form of several assignment agreements combined with payment directly to the partners of the debtor (bypassing the debtor's company, so that the funds would not be seized by a bailiff acting at the request of the creditor).
The law firm, actively exercising the powers of a creditor in an enforcement action, obtained information about both the planned transaction (based on an advance from the debtor's current bank settlement history) and the debtor's partners' settlements with the debtor arising from loans granted to the partners by the company 2 years earlier. The law firm led to the seizure of the loan repayment receivables and new investment agreements with a debt set-off. The law firm obtained certificates from the bailiff to exercise the third debtor's rights for court action.
The law firm sued all the company's partners in a foreclosure action and obtained security for a Pauline claim on assignment agreements serving in practice the sale of a profitable segment of employee quarters. The partners of the debtor faced liability with their own assets and the specter of a criminal case involving the derivation of company assets to the detriment of a creditor. In view of the above, the case ended with a settlement and repayment of the debt derived from the sale of the employee quarters segment.
