enforcement of claims

Should Poland ratify the Cape Town Convention?

The Convention on International Interests in Mobile Equipment offers strong protection to sellers, lessors and financers of aircraft. More and more European countries are considering ratification of the convention. Should Poland be one of them?

New rules for recognition and enforcement of judgments—does easier mean better?

From January 2015 creditors holding a judgment issued in an EU member state will be able to obtain recognition or enforcement of the judgment in another member state without initiating an additional court proceeding.

A criminal case can also be settled

Legal measures for amicable resolution of a criminal case initiated by a creditor to enforce a receivable against assets depleted by the unlawful acts of the debtor.

Protecting the interests of creditors against dishonest actions by debtors

A creditor affected by asset-stripping by a debtor doesn’t have to remain a passive victim of dishonesty.

Offence of fraudulent encumbrance of assets to frustrate satisfaction of creditors

Sham encumbrance of assets to convince third parties of non-existent legal consequences may constitute a crime. Incurring fictitious obligations is an example.

Selective payment of creditors can be a crime

Arbitrary, selective payment of only certain debts may result in criminal liability of the debtor, including in a case where it is only threatened with insolvency, if such action exposes other creditors to a loss.