Protection of Creditor in the Case of Debtor Insolvency - Lawyer in Poland

Premises.

If, as a result of a legal act performed by a debtor to the detriment of creditors, a third party gains a financial benefit, each of the creditors may demand that the said act be declared ineffective with respect to him, if the debtor acted knowingly to the creditors' detriment, and the third party knew or, having used due care, could have learned of it.A debtor's legal act is performed to the creditors' detriment if, as a result of such act, the debtor becomes insolvent or becomes insolvent to a greater degree than he was before performing the act. If, as a result of a debtor's legal act performed to the creditors' detriment, a financial benefit is gained by a person who is in a close relationship with the debtor, it is presumed that such person knew that the debtor had acted knowingly to the creditors' detriment.If, as a result of a debtor's legal act performed to the creditors' detriment, a financial benefit is gained by an entrepreneur having permanent economic relations with the debtor, it is presumed that he knew that the debtor had acted knowingly to the creditors' detriment.

Free-of-charge act.

If, as a result of a debtor's legal act performed to the creditors' detriment, a third party gains a financial benefit free of charge, the creditor may demand that the act be deemed ineffective even though the person did not know and, having used due care, could not have learned that the debtor had acted knowingly to the creditors' detriment.

Presumption of detriment.

If, at the time of a donation, a debtor is insolvent, it is presumed that he is acting knowingly to the creditors' detriment. The same applies where a debtor becomes insolvent by making the donation.

Protection of future creditors.

The provisions of the preceding articles apply accordingly where a debtor acts with the intention to harm future creditors. If, however, a third party gains a financial benefit against payment, the creditor may demand that the act be deemed ineffective only if the third party knew of the debtor's intention.

Challenge procedure

A debtor's legal act performed to the creditors' detriment is declared ineffective through a court action brought or a defense against the third party who gained a financial benefit from the act.f the third party disposes of the benefit gained, the creditor may directly sue the person to whom the disposition was made if that person knew of circumstances justifying the debtor's act being declared ineffective or if the disposition was free of charge.

Claiming satisfaction.

A creditor in respect of whom a debtor's legal act has been declared ineffective may, with priority over third party creditors, claim satisfaction from property items which, as a result of the act being declared ineffective, left or did not enter the debtor's estate.

Release of third party.

A third party who gains a financial benefit from a legal act performed to the creditors' detriment may be released from satisfying a claim raised by a creditor demanding that the act be declared ineffective if he satisfies the creditor or indicates to him debtor's property sufficient to satisfy the creditor.

Challenge period.

A demand for a legal act performed to the creditors' detriment to be declared ineffective cannot be made after five years from the date of the act.