Representing a pioneering country-wide bankruptcy procedure – pre-pack

The customer is a major company on the European market, producing products for Polish and foreign customers. The Company creates and meets the needs of customers in the field of providing innovative and dedicated products (from the food, chemical, agricultural and pharmaceutical industries), meeting the highest standards of safety and environmental protection, taking care of the company’s employees.

The Law Firm represents the company in the innovative process of acquiring real estate in the course of insolvency proceedings (pre-pack) from its debtor. The project is innovative because as standard in the pre-pack you can offer the acquisition of real estate, which is still in the debtor’s property. In this case, the debtor has previously transferred ownership of the property to his second, newly registered company.

However, our lawyers managed to convince the Bankruptcy Court that the transfer of the property was ineffective under the provisions of bankruptcy law and should therefore be pre-packed as if the debtor was the owner of the property all the time. This is probably the first transaction of its kind nationwide since the pre-pack rules entered into force in 2016.