Our client’s success in restructuring in a dispute with a credito
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
A client who is in the process of implementing an arrangement made with his creditors in restructuring proceedings approached the firm for legal assistance after a bailiff seized his bank account. The seizure occurred at the request of a creditor whose claim was disputed during the restructuring proceedings and the vote on the arrangement. At the end of the judicial stage of the restructuring proceedings, a judgment was rendered in favour of the creditor and the claim became undisputed. The debtor satisfied the already undisputed claim under the terms of the composition agreement, but the creditor, disregarding the binding nature of the provisions of the composition agreement, applied for a clause of enforceability of the judgment and initiated enforcement. Thanks to the quick reaction of our lawyers, it was possible to prevent wrongful enforcement by one of the creditors, which could have led to the non-enforcement of the arrangement.
The law firm, on behalf of the client, promptly prepared a statement of claim for revocation of the title issued after the composition agreement, together with a request for security consisting in suspension of enforcement. The court granted security, sharing the argumentation that the disputed claim had become undisputed after winning the litigation, but as it arose prior to the commencement of the restructuring proceedings it is covered by the arrangement.
In the course of the litigation, the creditor indicated that the debtor had not informed it of the pending restructuring proceedings and was not a participant in them, so the arrangement was not binding on the creditor.
The Regional Court in Warsaw upheld the claim and revoked the enforcement title, reminding that the opening of restructuring proceedings is announced in the Monitor Sądowy i Gospodarczy, therefore no one may plead ignorance of generally available data, in particular an entrepreneur represented by a professional attorney. The court also pointed out that:
Pursuant to Article 166 of the Restructuring Law, the arrangement binds creditors whose claims are covered by the arrangement according to the law, even if they are not included in the inventory. Pursuant to the aforementioned provision, the arrangement is not binding only on those creditors whom the debtor has not disclosed and who were not participants in the proceedings. In order for a claim to be excluded from the arrangement, it is necessary for both prerequisites to be met cumulatively (which results from the legislator's use of conjunction). Thus, even if the Respondent was not an active participant in the arrangement proceedings, she is covered by the arrangement due to the disclosure of her claims by the debtor in the list of disputed claims
The judgment is not final.
The case was conducted by attorney-at-law Wojciech Bokina, restructuring counsel, and attorney-at-law Aleksandra Bobińska.
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