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CASE STUDY.
Lawyers involved in the project:
The factor financed coffee sales transactions between its client-factor (wholesaler) and the debtor-further intermediary. Collection from the acquired invoices against the debtor proved ineffective. As a result of the KAS inspection, the assets of the company (debtor) and the owners of the company were secured, including a mortgage for more than PLN 14,500,000. The factor also became suspicious of the veracity of the transactions and pursued collection against the factor and related parties.
After the payment order was obtained, an agreement was made with the surety, which was not executed. The guarantor was sued. After enforcement was ineffective, a former board member (the daughter of the company's owner) and a new board member were sued. The former declared consumer bankruptcy. The law firm quickly determined that the guarantor, who managed all the businesses, had transferred ownership of his house with a swimming pool near Wroclaw, Poland, under a security transfer and mortgaged it to secure repayment of a loan to another, related company. In this way, the guarantor attempted to remove the property from foreclosure.
The law firm filed a lawsuit under the so-called "pauliacal complaint" challenging both the transfer of ownership of the property and the mortgage on it, along with a granted request for security in the form of an injunction against the sale of the property. After security was granted and copies of the lawsuit were served, a court settlement was reached and the entire debt was paid.
