Law Firm. Attorney Doctor Michał Świąder

BANKRUPTCY LAW

ONE OF THE MAIN AREAS OF THE LAW FIRM'S ACTIVITY IS LEGAL ADVICE ON ALL MATTERS RELATED TO BANKRUPTCY LAW. WE PROVIDE LEGAL ASSISTANCE AT THE STAGE PRECEDING THE FILING OF A BANKRUPTCY PETITION AS WELL AS AT THE STAGE OF BANKRUPTCY PROCEEDINGS AND PROPER BANKRUPTCY PROCEEDINGS.

Thanks to the high specialization of the Law Firm in the field of bankruptcy law, we can offer participants of bankruptcy proceedings effective legal assistance at all stages of bankruptcy proceedings,

We have experience in representing debtors in bankruptcy proceedings, starting from a detailed analysis of the economic situation, through the selection of the optimal course of proceedings, preparing the enterprise and the management board for the proceedings, by submitting an application for bankruptcy, to activities in the course of bankruptcy proceedings, as well as negotiations with creditors in to enter into a bankruptcy arrangement.

We provide legal support to legal persons as well as natural persons conducting business activity. Our services are dedicated not only to large entities with a complicated economic situation and an extensive employment structure, but also to small and micro-entrepreneurs - company bankruptcy

Advocate Dr. Michał Świąder also advises natural persons who do not run a business on issues related to the so-called consumer bankruptcy.

AS PART OF THE PRACTICE AREA SPECIFIED ABOVE, WE OFFER YOU SERVICES IN MATTERS RELATING TO, AMONG OTHERS:

1. legal and economic analyzes in the scope of determining the existence of conditions for the implementation of bankruptcy proceedings,
2. conducting negotiations with creditors of entrepreneurs and persons not conducting business activity,
3. preparing bankruptcy petitions on behalf of creditors and debtors ,
4. preparing applications for the liquidation of the bankrupt's assets ( pre-pack )
5. representation of members of management boards of capital companies in proceedings related to untimely implementation of bankruptcy or restructuring procedures, including proceedings related to the determination of civil, criminal and tax liability of members of management boards of capital companies,
6. preparing applications for bankruptcy of natural persons who do not run a business - CONSUMER BANKRUPTCY ,
7. drawing up applications for bankruptcy of entities running a farm,
8. preparing applications and representing creditors, temporary court supervisors, receivers or compulsory administrators in proceedings for a ban on conducting business activity,
9. representing debtors and the bankrupt in cases for a ban on conducting business activity,
10. representing bankrupts - natural persons and creditors in proceedings aimed at establishing a repayment plan for creditors and redemption of the remaining part of liabilities that have not been satisfied in bankruptcy proceedings, in this matter we offer, among others:

• drawing up applications for the establishment of a repayment plan and redemption of the remaining part of liabilities that have not been satisfied in bankruptcy proceedings,
• drawing up complaints against court decisions regarding the determination of the repayment plan and cassation complaints against the decisions of the court of second instance regarding the determination of the repayment plan,
• drawing up applications on behalf of the bankrupt to change the agreed repayment plan and applications for permission to perform legal actions affecting the execution of the repayment plan,
• drawing up applications on behalf of creditors to repeal the repayment plan,
• drawing up complaints against court decisions regarding the application to repeal the repayment plan,
• appealing court decisions on confirming the implementation of the repayment plan and redemption of the bankrupt's liabilities arising before the date of declaring bankruptcy and unsatisfied as a result of the execution of the creditors' repayment plan

10. representing the interests of creditors in the course of bankruptcy proceedings, namely:

• representing creditors in proceedings related to reporting and determining claims (drafting claims,
• preparing objections against the list of claims, applications for changes to the list of claims, drawing up complaints to the bankruptcy court against the decisions of the judge-commissioner regarding the examination of the objection and decisions regarding changes to the list of claims),
• representing creditors in proceedings regarding the division of bankruptcy estate funds and sums obtained from the sale of items and works encumbered in kind (preparation of objections against plans of division of assets funds, preparation of objections against plans of division of sums obtained from the sale of items encumbered in kind)
• preparation of motions to convene a meeting of creditors, admission to participate in the meeting
• representing creditors at the creditors' meeting and drawing up complaints against the decisions of the judge-commissioner to repeal resolutions adopted by the creditor's meeting
• preparing applications for the establishment of a creditors' committee, appointing a member of the creditors' committee, changing the composition of the creditors' committee,
• acting as a member of the board as a creditor's attorney, preparing objections to the resolutions of the committee of creditors and drawing up complaints against the decisions of the judge-commissioner to repeal resolutions of the committee of creditors
• drafting objections against plans to distribute funds of the bankruptcy estate and objections against plans to distribute sums obtained from the sale of items encumbered in kind and representing creditors in proceedings caused by the above objections
• drawing up complaints on behalf of creditors against decisions on discontinuation of bankruptcy proceedings
• preparation of complaints on behalf of creditors against decisions on redemption - in whole or in part - of the liabilities of the bankrupt who is a natural person
• preparation of applications for repealing the arrangement and for changing the arrangement concluded in bankruptcy proceedings
• drawing up objections to the arrangement concluded in bankruptcy proceedings and representation in the proceedings regarding the approval of the arrangement,
• drawing up complaints against court decisions regarding the approval of an arrangement concluded in bankruptcy proceedings.

11. representing the interests of the debtor/bankrupt in the course of bankruptcy proceedings, namely:

• drafting arrangement proposals in bankruptcy proceedings,
• drawing up objections to the arrangement concluded in bankruptcy proceedings and representation in the proceedings regarding the approval of the arrangement,
• drawing up complaints against court decisions regarding the approval of an arrangement concluded in bankruptcy proceedings,
• preparation of applications for repealing the arrangement and for changing the arrangement concluded in bankruptcy proceedings,
• representing the bankrupt in proceedings aimed at establishing the list of claims (preparing objections against the list of claims as to the recognition of claims, drawing up complaints against the decisions of the judge-commissioner against decisions regarding the approval or change of the list of claims,
• drafting allegations against plans to divide funds from the bankruptcy estate and allegations against plans to divide sums obtained from the sale of encumbered items and representing the bankrupt in proceedings caused by the above-mentioned allegations,

12. representing other entities in proceedings related to pending bankruptcy proceedings, namely:

• drawing up applications for exclusion from the bankruptcy estate of assets that do not belong to the assets of the bankrupt and benefits received for the property sold,
• representation in proceedings regarding the application for exclusion from the bankruptcy estate,
• drawing up petitions for exclusion from the bankruptcy estate and representation before the bankruptcy court in proceedings for exclusion from the bankruptcy estate,
• drawing up complaints against the bailiff's actions in bankruptcy proceedings,
• drawing up requests to submit a declaration of withdrawal or performance of a mutual agreement,
• drawing up complaints against decisions of the judge-commissioner allowing the trustee to terminate lease or tenancy agreements concluded by the bankrupt,

13. representing creditors in bankruptcy proceedings where the bankrupt is a natural person who does not run a business ( consumer bankruptcy). Legal assistance includes, among others:

• drawing up complaints against court decisions regarding the determination of the repayment plan and cassation complaints against the decisions of the court of second instance regarding the determination of the repayment plan,
• drawing up applications on behalf of creditors to repeal the repayment plan,
• appealing against court decisions on confirming the execution of the repayment plan and redemption of the bankrupt's liabilities arising before the date of announcement
• bankruptcy and unsatisfied creditors as a result of the implementation of the repayment plan,

14. representing the bankrupt in bankruptcy proceedings against natural persons who do not conduct business activity, in this respect
we help, among others, in:

• drawing up applications for the establishment of a repayment plan and redemption of the remaining part of liabilities that have not been satisfied in 
  bankruptcy proceedings,
• drawing up complaints against court decisions regarding the determination of the repayment plan and cassation complaints against the decisions of the court of second instance regarding the determination of the repayment plan,
• drawing up, on behalf of the bankrupt, applications to change the agreed repayment plan and applications for permission to perform legal actions 
  affecting the execution of the repayment plan,
• drawing up applications on behalf of creditors to repeal the repayment plan,
• drawing up complaints against court decisions regarding the application to repeal the repayment plan,
• appealing against decisions of the bankruptcy court to discontinue bankruptcy proceedings,
• specifying the items that are to remain at the disposal of the bankrupt,
• sale of movables forming part of the bankruptcy estate of the “consumer,
• conclusion of an arrangement with creditors as part of consumer bankruptcy;

15. preparing applications for the initiation of proceedings for the recognition of foreign insolvency proceedings and representation in
the course of these proceedings,

16. drawing up applications for repealing or amending a decision on the recognition of foreign bankruptcy proceedings and representation in the course of
these proceedings,

17. provision of legal assistance in the event of insolvency of a developer - an entrepreneur who, as part of his business activity, under a developer agreement, undertakes to establish the right of separate ownership of a  dwelling and   transfer ownership of this  dwelling  to  the buyer , or to transfer   ownership of real estate developed with  a single-family house or  use to the buyer perpetual usufruct of a land property and the ownership  of a single-family house  erected on it constituting a separate property (development bankruptcy),   

18. providing legal assistance in the event of insolvency of a bank or a cooperative savings and credit union,

19. providing legal assistance in the event of the bond issuer's insolvency,

• representing the rights and interests of bondholders

20. providing legal assistance in the event of insolvency of insurance or reinsurance companies - representing the interests of policyholders, insured persons, beneficiaries or persons entitled under insurance contracts.

21.  representing debtors and creditors in proceedings for the conclusion of an arrangement at the creditors' meeting by a natural person who does not run a business.

We cooperate with the law firm of an attorney and licensed restructuring advisor Andrzej Świąder.

LABOR LAW

The scope of services provided by the law firm of dr. Michał Świądr's legal services include matters in the field of labor law. He has knowledge and experience in this field of law thanks to his handling of a number of cases in the field of labor and social security law, as well as legal assistance for entrepreneurs.

Within this branch of law, Advocate Dr. Michał Świąder provides the following services:

Labor law - out-of-court activities

• drawing up employment contracts, managerial contracts, non-competition clauses, business secret clauses;
• drawing up remuneration regulations and work regulations;
• drawing up terminations of employment contracts, agreements between the parties on termination of employment, termination of employment contracts without notice, amending notices and amending agreements, documents as to entrusting the employee with other work;
• deduction of remuneration, disability, retirement and death benefits, jubilee awards;
• employees' responsibility for order: preparation of admonitions, reprimands and cash penalties;
• drawing up the regulations of social benefit funds and the rules of disposing of this fund;
• development of employee documentation;
• representation in cases concerning collective redundancies;
• representation in cases regarding benefits due in the event of termination of an employment contract with an employee for reasons related to the employer;
• representation in cases of material liability of employees;
• representation in cases of liability for property entrusted to the employee;
• assistance in determining and preparing documentation regarding:
  • work time,
  • standards and general working time,
  • working time system and schedule (task-based working time system);
  • request for a reduction in working hours

Legal assistance in matters relating to:

• annual leave, cancellation of annual leave, leave on demand, planning leave;
• unpaid leave, maternity leave, the right to additional maternity leave;
• drawing up applications for reduction of working time, parental leave;
• collective labor agreements, multi-enterprise collective labor agreements;
• trade unions - rights for employees and obligations for employers under the Act on Trade Unions;
• accidents at work;
• mediation;
• matters within the scope of the Act of 10 January 2018 on limiting trade on Sundays and holidays and on certain other days (Journal of Laws of 2018, item 305);
• matters within the scope of the Act of March 2, 2020 on special solutions related to the prevention, counteracting and combating COVID-19, other infectious diseases and crisis situations caused by them (Journal of Laws of 2020, item 374) - assistance in solving problems that may arise in connection with the SARS-CoV2 coronavirus epidemic and its impact on work.

Labor law - court actions

• preparation of lawsuits in the scope of establishing the existence of an employment relationship, conclusion of an employment contract, termination of an employment contract, termination of an employment contract (suit for declaring the termination of an employment contract unjustified or violating the provisions on termination of employment contracts) and representation in these matters,
• preparation of lawsuits and representation in cases for recognition of termination as ineffective, for compensation, for reinstatement, determination of the content of an employment contract, conclusion of an employment contract, for payment of compensation in the event of violation of the principle of equal treatment in employment, for payment of remuneration and other components ( severance pay, equivalent for unused leave, overtime hours), remuneration for the period of unemployment;
• preparation of lawsuits and representation in cases for payment of compensation for mobbing or discrimination,
• preparation of lawsuits for rectification of the content of the employment certificate;
• pursuing claims for the employees' responsibility for order;
• preparing objections against the imposition of a penalty for breach of order;
• drafting lawsuits and representation in cases to waive the fine and fine penalty;
• drawing up lawsuits to establish that the event was an accident at work;
• representation in the course of court proceedings.

In addition, the Law Firm provides legal assistance to enterprises and entrepreneurs in the field of:

• preparing and giving opinions on draft documents in the field of labor law (e.g. employment contracts, managerial contracts, work regulations, remuneration regulations, non-competition agreements),
• giving opinions on activities undertaken by the employer related to the employment of Polish employees abroad and foreigners in Poland and their compliance with labor law and social security law,
• representing the employer in court proceedings in the field of labor law, including comprehensive handling of cases in all court instances on the terms agreed with the employer, including: participation in hearings, preparation of pleadings,
• assistance in employer's negotiations with trade unions and employee representatives,
• representing employers in relations with the National Labor Inspectorate, the Social Insurance Institution and other state authorities,
• assistance in renegotiating company collective labor agreements and transforming them into remuneration and work regulations,
• assistance in the preparation and conduct of elections of representatives to European works councils and works councils,
• restructuring jubilee bonuses and severance pay systems,
• legal assistance for employees (claiming due remuneration, severance pay or awards).

FAMILY LAW

One of the areas of law that advocate Dr. Michał Świąder deals with is family law and guardianship law.

At the Law Office of Dr. Michała Świąder, we know how delicate and complicated family matters are, so entrusting us with your case, you can count on support, understanding and care from the first meeting to the final conclusion of the proceedings.

We conduct the proceedings comprehensively, from beginning to end, so that at these moments in your life you do not have to concentrate on formalities, keeping track of court deadlines and wondering if you have taken care of everything. We keep you informed about the progress of the case, thanks to which you retain full control over it and have constant access to the documents relating to it.

Advocate dr Michał Świąder offers assistance in the following matters related to family and guardianship law:

• divorce and separation cases;
• cases concerning the deprivation or limitation of parental authority;
• maintenance matters;
• juvenile court cases;
• cases to establish contacts with children;
• cases for establishing or denying paternity;
• adoption cases;
• cases to establish or deny maternity
• cases for the recognition of a foreign divorce judgment;
• cases for the division of joint and marital property;
• incapacitation cases.

INHERITANCE LAW

Inheritance law can be defined as a branch of civil law whose provisions govern the transfer of inheritance from the testator to the heirs, or, more briefly, whose provisions govern inheritance. When regulating the issue of inheritance, the succession law must first of all determine who inherits, and therefore who is the heir. The heirs may be either persons indicated by the act (statutory heirs) on the basis of their family relationship with the testator, based on blood ties (consanguinity) or legal ties (marriage, adoption, affinity - but only in relation to stepchildren) with the latter, or persons appointed by the testator under his act of will, manifested in the form of a will (testament heirs). Hence the need to regulate statutory and testamentary succession, as well as determining by inheritance law the forms of the will and deciding what other property dispositions in the event of death (i.e. dispositions), apart from the appointment of an heir, may be included in the will; these dispositions may, in particular, consist in obliging the heir to make a specific property performance (bequest) for the benefit of a designated person, who in this way may obtain a benefit from the inheritance without becoming an heir. 

Next, a group of inheritance law provisions should be distinguished, which define the legal position of the heir. These include issues such as the impact of the will of the heir on the retention or loss of property rights and obligations transferred to him by way of inheritance (acceptance or rejection of inheritance), demonstrating to third parties that he is the heir (declaration of inheritance acquisition, inheritance certificate), the scope and method of implementation of his responsibility for the debts of the estate, legal relations between heirs who are simultaneously appointed - in certain parts - to the same estate (joint property, division of inheritance).

Finally, the inheritance law regulates certain issues that are closely related to inheritance, such as protection of the interests of the testator's closest family members against property dispositions unfavorable to them (in Polish law, the legitim is an institution serving this purpose) or transfer by the heir to another person by agreement of the whole (or fractional part) of his inheritance rights, i.e. the sale of the inheritance.

Advocate dr Michał Świąder provides legal assistance in all matters related to:

• the transfer of the property of the deceased person to other persons,
• right to inheritance (right of inheritance),
• the ability to inherit,
• unworthiness of inheritance and its causes,
• statutory inheritance and its order:
  • inheritance of descendants and spouse;
  • inheritance of parents' spouse and siblings;
  • inheritance of grandparents;
  • inheritance of the testator's spouse's children;
  • inheritance of the State Treasury, commune,
• inheritance in the case of full and incomplete adoption,
• excluding the testator's spouse from inheritance,
• provisions in the event of death

As part of this area of ​​practice, we offer services in matters relating to:

• making a will,
• making an ordinary or debt collection record,
• drawing up an agreement on renunciation of inheritance,
• drawing up an agreement obliging to sell the inheritance and the most convenient settlement of personal and property matters in the event of death,

We carry out analyzes of already prepared wills and ordinary legacies/legacy collections in terms of their validity.

Dr. Michał Świąder, attorney at law, conducts cases in, among others, about:

1. confirmation of inheritance acquisition:

• confirmation of inheritance acquisition under the Act,
• confirmation of inheritance acquisition under a will,
• confirmation of the acquisition of the subject of debt collection entry,
• contesting the validity of a will,
• undermining the effectiveness of individual testamentary dispositions,
• change of the decision to confirm the acquisition of inheritance,
• annulment of the decision confirming the acquisition of inheritance,
• cases for acceptance/rejection of inheritance,
• revoking the act of inheritance certification.

2. retainer:

• investigation of the legitim,
• defense against claims for legitim,
• claiming a legitim in statutory inheritance in connection with adding donations,
• pursuing a legitim due to the existence of debt collection records,
• investigation of the legitim combined with proving the sham of real estate contracts,
• undermining the effectiveness of disinheritance.

3. inheritance department:

• division of inheritance combined with the abolition of co-ownership,
• division of inheritance combined with the division of joint property of spouses,
• division of inheritance combined with questioning the donations made,
• inheritance department combined with adding donations,
• evasion of the consequences of failure to submit a declaration of acceptance or rejection of the inheritance/recovery legacy on time,
• rejection of the subscription as well as reduction of the subscription,
• determination of inheritance unworthiness,
• securing the inheritance.

4. other succession matters:

• evasion of the consequences of failure to meet the deadline to reject the inheritance,
• cases for the consent of the court to reject the inheritance on behalf of a minor heir,
• inheritance protection cases,
• cases for recognizing an heir as unworthy of inheritance,
• cases for the implementation of the  quasi- maintenance claim of the testator's grandparents,
• cases to exclude a spouse from inheritance,
• judicial investigation of the execution of an ordinary entry or a debt collection entry,
• cases for the rejection of an ordinary entry/determination of the ineffectiveness of the establishment of an ordinary entry
• cases for rejection of a debt collection record/determination of the ineffectiveness of establishing a debt collection record,
• cases for recognizing the legatee/legatee of debt collection as unworthy,
• investigation of the execution of the command,
• legal advice on issues related to the management of the inheritance/subject of the bequest,
• legal advice on issues related to succession management and conservative succession management,
• legal advice on issues related to the so-called "bank bequest" (instruction of a contribution in the event of death) ,
• cases for recognizing a statement rejecting the inheritance/subject of a debt collection bequest as ineffective in relation to creditors,
• matters related to the inheritance of farms.