Interview with a partner of the law firm, advocate Bartosz Groele for the retailnet.pl website on the principles of restructuring in the retail industry

TGP law firm partner, advocate Bartosz Groele, an expert in restructuring law, gave an interview to the news service for the shopping center market and retail sales professionals in Poland – retailnet.pl. Accompanied by Joanna Smolarczyk – a specialist in building business models – together they discussed the restructuring options which may be beneficial not only for the tenants but also for the landlords. In the interview, Mr. Groele referred to the difficult situation of the shopping centers caused by the pandemic and described the restructuring procedure and its basis in the legal regulations.
Feel free to read the interview at: https://retailnet.pl/2021/03/15/83804-wywiad-j-smolarczyk-varsedge-ib-groele-kancelaria-tomasik-groele-i-partnerzy-restrukturyzacja-moze-byc -profitable-not-only-for-tenants-but-and-landlords /

Advocate Bartosz Groele and trainee attorney-at-law Dominika Koss, the authors of the article entitled “The rules and regulations of the creditors’ council in restructuring proceedings 2.0” in the Doradca Restrukturyzacyjny quarterly

An article by advocate Bartosz Groele and trainee attorney-at-law Dominika Koss, entitled “The rules and regulations of the creditors’ council in restructuring proceedings 2.0”, was published in the latest issue of the Doradca Restrukturyzacyjny quarterly. The authors of the article raise important issues, regarding the necessity to hold meetings of the creditors’ council and to vote remotely at such meetings. Based on the authors’ own experience and on the earlier publication of Mr. Groele, a new model of rules and regulations of the creditors’ council has been proposed, which would include the issues of conducting remote meetings. We encourage you to read the article.

Advocate Bartosz Groele among lecturers at postgraduate studies in the field of restructuring and bankruptcy law at the Jagiellonian University in Krakow

Another edition of postgraduate studies in the field of restructuring, bankruptcy and financial law, organized by the Department of Economic Policy of the Jagiellonian University in Krakow, has just started. The practical dimension of the studies is guaranteed by the lecturers, who are scientists dealing with bankruptcy and restructuring issues, as well as outstanding practitioners. So we are pleased to announce that in this year’s edition of the studies, advocate Bartosz Groele, a partner at the TGP law firm, has joined an impressive group of lecturers. He will conduct not only workshops, but also give lectures. The study program is extremely interesting and practical. The aim of the studies is to provide basic information in the field of accounting, methodology of expert work, economics and understanding of the economic processes against which bankruptcy occurs. In addition to the broadly understood issues in the field of restructuring and bankruptcy, special attention should be paid to, i.a., topics related to actio pauliana or mediation.
A detailed study program along with the speakers at specific classes is available at https://www.law.uj.edu.pl/~kpg/studia-podyawodowe-i-kursy/2564-2/

Success of the Law Office in the process of prepared liquidation under consumer bankruptcy

We are delighted to inform you that the team of the Law Office headed by Partner Bartosz Groele, attorney-at-law, with Mateusz Grzeszczyk, the trainee, and Ewa Tkaczuk, attorney-at-law, at its initial stage, successfully carried out the prepared liquidation procedure under the so-called consumer bankruptcy procedure.
On December 28, 2020, the 5th Commercial Division of the District Court in Opole announced consumer bankruptcy, at the same time approving the conditions for the sale of the debtor’s property of significant value. The case is a precedent because until recently it was not clear whether it was permissible to use the institution of pre-pack in consumer bankruptcy proceedings. Thanks to the amendment to bankruptcy law of March 2020, the possibility of submitting such an application was explicitly allowed. The decision of the court in Opole may be considered one of the first in this matter.

Recruitment for open postgraduate studies “Restructuring and bankruptcy law” at the Jagiellonian University for the academic year 2020/2021

Recruitment has started for open postgraduate studies on “Restructuring and Bankruptcy Law”, which will be conducted from January until the end of September 2021 at the Jagiellonian University. The recruitment lasts until October 25 this year, and the order of applications decides on its results. Please enrol via the website. The qualification form can be found at the link below

https://forms.office.com/Pages/ResponsePage.aspx?id=6yYO676_0keekOvSQm2869Yrjrd3Za9CtHRFJmBchBtUOERWUEU4NDE4U1RINjRXNUhWOUg3TlhBOC4u

In principle, classes will be held on Saturdays and Sundays, twice a month, with a holiday break in July and August, with the possibility of switching to remote classes, depending on the current epidemiological situation. The lectures are aimed at providing comprehensive information in the field of economics, accounting, methodology of expert work and in-depth understanding of the economic processes against which bankruptcy or insolvency occur. Moreover, you will be furnished with an up-to-date expert knowledge in the field of restructuring and insolvency law as well as in the field of other branches of law, such as criminal, civil and financial law. The studies last two semesters and finish with a final exam.

https://www.law.uj.edu.pl/~kpg/studia-podyplomowe-i-kursy/2564-2/
The speakers at this postgraduate program will be both people conducting research in the area of bankruptcy and restructuring issues, as well as outstanding practitioners, among others: judges of administrative courts, common courts, the Supreme Court, advocates, attorneys-at-law and court experts. We encourage you to read the detailed program of the studies at the link below

 

16.10.2020 declaration of insolvency of Home Broker S.A.

On October 16, 2020, the District Court for the Capital City of Warsaw in Warsaw, XVIII Commercial Division for bankruptcy and restructuring matters, declared insolvency of Home Broker S.A.. The Law Office has been advising the Company from the moment of starting work on the bankruptcy petition and represented it before the declaration of bankruptcy. The work was supervised by the Partner of the Office Law, advocate Bartosz Groele, and the team comprised advocate Bartosz Magnowski, attorney-at-law Wojciech Młocek, advocate Kamil Strus, as well as the trainees: Dominika Koss and Karolina Piątek.

Two cassation appeals submitted to the Supreme Court by the Law Firm’s team accepted for adjudication

We are delighted to announce that two cassation appeals submitted by our Law Firm have recently been accepted by the Supreme Court for adjudication. They concerned fraudulent claims related to the sale or the mortgaging of a real estate (file reference number: III CSK 338/19 and I CSK 130/20). The Partner of the Law Firm, advocate Bartosz Groele supervised the team that prepared the appeals: attorney-at-law Kamil Strus, attorney-at-law Wojciech Młocek and advocate Bartosz Magnowski. In both cases, the Supreme Court shared the views of the Law Firm’s Team on the existence of significant legal issues. Thus, the subject matter of the hearing before the Supreme Court will be: the legal construction of the premise of causing harm to a creditors and the interpretation of the arbitrariness of its satisfaction, specific allotment of the burden of proof in the actio pauliana action and the decision whether the fraudulent creditor is based on Article 532 of the Polish Civil Code. We are pleased that we will have the opportunity to participate in shaping the jurisprudence for such important areas in legal transactions.

08.10.2020 Advocate Bartosz Groele commented on the article entitled: “The taxman and the Social Security Institution cut deals. How to seal a deal with a government office?”, Dziennik Gazeta Prawna

The Partner of the Law Firm, advocate Bartosz Groele, an expert on insolvency law, shared his insights in the article entitled: “The taxman and the Social Security Institution cut deals. How to seal a deal with a government office?”, which was published on 8 October 2020 in Dziennik Gazeta Prawna. The article concerns the issue of how indebted enterprises are currently getting along with the Tax Office and ZUS (Social Insurance Institution). Thanks to the amendment to bankruptcy and restructuring law introduced on January 1, 2016, the catalog of public-law dues, which have priority in enforcement, was significantly reduced as well as the so-called institution of the private creditor test was introduced. The legal effects of the changes are regarded as mostly positive by the Partner of the Law Firm. His extensive commentary on the issue is quoted by today’s Dziennik Gazeta Prawna. Please find the article at the link below: https://biznes.gazetaprawna.pl/artykuly/1492868,fiskus-i-zus-chodza-na-uklady-jak-wyglada-sprawa-dogadywania-sie-firm-z-urzedami.html

07-09.10.2020, 16th edition of ICABE 2020; The International Conference on Applied Business and Economics, with the participation and lecture held by the Partner of the Law Office advocate Bartosz Groele

On October 7-9, 2020, the 16th edition of ICABE 2020: The International Conference on Applied Business and Economics took place. A Partner of the Law Firm was invited to participate in this event. On the first day of the conference Advocate Bartosz Groele, together with scientists from the Gdańsk University of Technology and SGH Warsaw School of Economics, held a lecture on “Bankruptcy Law Severity for Debtors – Comparative Analysis Among Selected Countries.” This year the event was organized entirely online – by universities, educational institutions and economic organizations from Poland, Greece, Malta, Spain, Russia, Latvia and the United States. The conference aims to connect the world of science with business and economics in order to strengthen cooperation between scientists and professionals.