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Enforcement proceedings

Enforcement proceedings

Headed by Bartosz Sierakowski, Zimmerman Sierakowski & Partners lawyers practise in the specialised field of enforcement proceedings. We offer our Clients legal counselling on all stages of enforcement proceedings and proceedings to secure claims, as well as in anti-enforcement litigations before courts. Our experts advise debtors subject to court or administrative enforcement, as well as creditors who seek satisfaction of their claims using permissible coercive means. Ensuring proper course of enforcement is in the interest of all parties to the proceedings.
Our team is experienced in handling enforcement proceedings instituted against our Clients, which require high responsiveness to actions taken by enforcement authorities and creditors, as well as selection of optimum admissible measures aimed at protecting legitimate rights of the debtor. Our team analyses the process, beginning from the stage of issuing a writ of execution against the debtor. Our activity consists mainly in lodging appeals against unlawful enforcement and taking part in enforcement proceedings. Moreover, we draw up documents concerning judicial, administrative or local authorities’ supervision over the work of bailiffs.
We also help creditors select optimum enforcement means, taking into consideration both the most popular measures, such as seizure of a bank account, and the more complicated enforcement by way of sale of a whole undertaking or by way of receivership. Furthermore, we help creditors wronged by real estate developers recover the funds they have invested in a project, using means of enforcement law, whenever no bankruptcy or restructuring proceedings have been initiated.
We also offer legal assistance to entities whose rights have been infringed in the course of enforcement proceedings, by way of studying facts, selecting of an adequate means of security, and drawing up complaints against the actions of bailiffs or anti-enforcement suits.
Zimmerman Sierakowski & Partners also offers drawing up legal opinions on the potential liability of enforcement authorities or the State Treasury for damages incurred due to unlawful enforcement.
Services offered by Zimmerman Sierakowski & Partners also cover legal counselling and assistance in the event of enforcement authorities undertaking unacceptable, non-compliant with provisions of the Bankruptcy Law and the Restructuring Law.
✓ Our team has extensive experience in counteracting adverse effects of actions taken by enforcement authorities following declaration of bankruptcy or institution of restructuring proceedings, by drawing up effective complaints against the actions of bailiffs and direct communication with relevant enforcement authorities.
✓ Our lawyers have repeatedly stopped unlawful enforcement from the debtor’s property. In the event of attachment of assets in breach of bankruptcy or reorganisation regulations, we advise on how to ensure that the assets are returned to the debtor by the enforcement authority.

 

Norbert Frosztęga
Partner,
adwokat,
doradca restrukturyzacyjny


norbert.frosztega@zimmerman.com.pl