The Legal 500

New insolvency directive on the horizon – lessons for debtors and creditors

March 25 2024
2:00 pm CET - Central European Time (UTC +1:00)

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New insolvency directive on the horizon – lessons for debtors and creditors


Our webinar will look at the current status of the Second Chance Directive implementation. We will discuss the history of the proposal for a directive harmonizing certain aspects of insolvency law and issues covered by the proposal with particular focus on: Transaction avoidance from the debtor perspective, asset tracing from the debtor perspective, creditors committees, management board members obligations from debtor and creditor perspective. Large part will be devoted to the pre-pack.

We would also cover latest Polish Supreme Court decision of 14/06/2023, case No III CZP 84/22, where Polish Supreme Court dealt with legitimacy of creditors towards initiating actio pauliana also when bankruptcy is declared.

Polish Court found it permissible, but the judgement raises a lot of questions, concerns and issues also with wider perspective, context and jurisdictions, as also Proposal for a harmonizing directive addresses the issues of actio pauliana (transaction avoidance).

We will consider the impact for (mainly) Polish and German companies and evaluate what is on the horizon. There will be also plenty of space for questions. We’re looking forward to welcoming you all to this exclusive webinar.


Mateusz Kaliński, communications manager and lawyer, Tatara & Partners Restructuring & Insolvency Law Firm

Mateusz Kaliński is the communications manager and lawyer at Tatara & Partners Restructuring & Insolvency Law Firm, and focuses on various aspects of bankruptcy and restructuring law. He graduated from the Jagiellonian University and gained his master’s degree in law from the Catholic University of America. Mateusz handles complex insolvency and restructuring proceedings, both domestic and international. He specialises in dispute resolution (including directors’ and officers’ liability issues) and corporate and commercial law. He is a secretary of the INSO Section of the Allerhand Institute and a member of INSOL Europe (and also YANIL – younger academics branch), as well as an expert for the World Bank Doing Business report and Global Indicators analysis.

Paweł Kuglarz, attorney-at-law, head of the international desk,Tatara & Partners

Paweł Kuglarz is an attorney-at-law with over 30 years of professional experience working as a partner for international law firms, such as Beiten Burkhardt, Wolf Theiss and Taylor Wessing. He is currently head of the international desk at Tatara & Partners. He is a director of the Austrian Law School at the Jagiellonian University in Krakow, a European Commission expert for preparing a new directive for the harmonisation of insolvency and restructuring law, vice-president for International Matters of the INSO Section of the Allerhand Institute, and Poland’s representative at INSOL Europe Council. He is an author of commentaries on bankruptcy and real estate-related law, including “Commentary to the Act on Land Register and Mortgages”, “Consumer Bankruptcy” and “Bankruptcy of a Developer”. Paweł is a member of the International Exchange of Experience on Insolvency Law (IEEI).

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