Restructuring proceedings

Choosing the right type of proceedings – whether arrangement, reorganization, or approval of an arrangement – requires an analysis of the debtor’s financial situation, the type of claims, and the urgency of action. In many cases, we advise clients to choose an out-of-court procedure, i.e., proceedings for approval of an arrangement, which allows them to avoid full court proceedings while maintaining protection against enforcement and flexibility of action. Alternatively, for companies in serious crisis, especially those facing insolvency, we recommend opening reorganization proceedings and implementing reorganization measures under the supervision of an administrator.

Our restructuring advisors and lawyers prepare all documents required by law, from the application to open proceedings, through the draft arrangement with creditors, to a list of claims, including disputed claims. We also assist in setting the arrangement date and coordinate voting on the arrangement, ensuring formal correctness and compliance with the Restructuring Law. At every stage, we work with the court supervisor, arrangement supervisor or administrator, looking after the client’s interests.

As a law firm with a strong specialization in restructuring law, we have conducted dozens of proceedings before commercial courts throughout Poland – both simplified and classic, ending with the approval of an arrangement. We have experience in difficult situations involving numerous disputed claims, parallel enforcement proceedings, and difficult cooperation with court supervisors or administrators.

We have advised entrepreneurs from various industries, ranging from manufacturing and services to e-commerce, representing them both as debtors and creditors.

We attach particular importance to the quality of the documentation we prepare, as it largely determines the effectiveness of the entire proceedings. Our actions are characterized by precision, anticipation of creditors’ reactions, and a strategic approach to communication with the court.

Restructuring proceedings are not just a legal formality – they are a real fight for the survival of a company. Mistakes such as incorrect preparation of the application for approval of the arrangement, omission of disputed claims or incorrect notification in the KRZ may result in the discontinuation of the proceedings or refusal of approval of the arrangement by the court. With the support of KWKR, you can be sure that the procedure will be carried out in accordance with the regulations and in a strategically safe manner.

We are licensed restructuring advisors, which allows us to act as an arrangement supervisor, court supervisor or administrator, depending on the type of proceedings. We protect the interests of entrepreneurs both against creditors and against the risk of personal liability for ineffective arrangement activities.

We also understand the needs of creditors – we help analyze arrangement proposals, participate in votes on the arrangement, and raise objections if the provisions may lead to their detriment.

The filing of a petition to open restructuring proceedings, whether arrangement or reorganization, should be preceded by a risk analysis and the preparation of a complete set of documents, including a restructuring plan and a settlement proposal. It is crucial to correctly determine the settlement date, which is important for determining the scope of claims covered by the arrangement and protection against enforcement.

From the date of publication in the National Debt Register, the debtor’s legal protection begins – but only within the limits of ordinary management. Exceeding these limits without the consent of the arrangement supervisor may lead to the invalidation of actions and allegations of violation of the law. From the creditor’s point of view, it is crucial to react quickly, file claims and analyze the legal consequences arising from the law as of the date of the announcement.

A well-conducted restructuring, regardless of its form, offers a real chance to save the company, secure its assets, and continue its operations. With us, this process will be conducted safely, professionally, and with a full understanding of its complexity.