Service
A writ of execution or a court order is presented to a bank or to a bailiff so that a court judgment requiring the debtor to pay, hand over property or take other action is enforced.
We are most often instructed by:
The information on this website is provided for information purposes only and does not constitute a public offer.
Timing and fees are indicative and are confirmed when the engagement is agreed.
The outcome of the service is the work performed within the scope agreed with the client.
The position is built on the documents and the circumstances of the case; the following points are relevant.
On the basis of the materials, the strengths and weaknesses of the position, the risks and the possible courses of action are identified.
For the chosen option, a plan is drawn up: the sequence of steps, timing and scope of work.
Appeals against court rulings
Challenge
The lower courts granted the claims of the insolvency administrator and the creditors to hold the director of a bankrupt company personally liable for its debts.
What was done
The case was taken to the Supreme Court. The good faith of each management decision was proved, and the Supreme Court set aside the rulings of the lower courts.
Challenging Transactions
Challenge
Shortly before its insolvency, the debtor diverted its assets through a chain of formally independent transactions, each of which looked like an ordinary business operation.
What was done
The full chain was reconstructed, and the interconnection of the transactions and the invalidity of each link were proved. The assets were returned to the bankruptcy estate in full.
Recovery of Damages
Challenge
The former director caused losses to the company, expecting that it would not be possible to gather evidence: numerous transactions, a branching structure and blurred chains of cause and effect.
What was done
A systematic analysis was carried out: the chronology of decisions was reconstructed, the link between the transactions and the damage was identified, and bad faith was proved. The damages were recovered in full; the court granted the claims without any reduction.
Defence against challenges
Challenge
There were attempts, by challenging transactions, to bring the client's property – acquired, paid for and in commercial use – into the bankruptcy estate of an insolvent counterparty.
What was done
The legal position was built on the independent nature of the client's ownership. The court dismissed all the claims challenging the transactions, and the assets were retained in full without concessions or settlement agreements.
Challenging resolutions
Challenge
The majority participant systematically blocked the distribution of profits by voting at the general meeting. The company was generating income, but the minority participant did not receive its share of the profits.
What was done
The general meeting resolutions were challenged. A mechanism compelling the distribution of profits was implemented through the courts.
The enforcement file is reviewed: which requests have been sent, which orders have been issued and how motions have been dealt with. Motions for specific actions and measures are prepared and, where there are grounds, a complaint to the superior officer or an application to the court challenging the inaction.
The order closing the proceedings and the measures taken to locate assets are reviewed. If not all permissible measures have been taken, the possibility of challenging the order is assessed.
A notice that recovery is impossible does not prevent the enforcement document from being presented again within the time limit for presentation; for presentation before the expiry of the period set by law, information on changes in the debtor's financial position is prepared.
An application to the court for substitution of the judgment creditor by its legal successor is prepared. The bailiff replaces the party to the enforcement proceedings on the basis of the court ruling on the substitution of the judgment creditor.
If a repeat auction is declared to have failed, the bailiff offers the judgment creditor the option of retaining the property at a price below the value stated in the valuation order. If the judgment creditor declines, the property is offered to other judgment creditors and, if they decline or there are none, it is returned to the debtor.
Before a reply is given, the value, condition and encumbrances of the property are assessed.
An hourly rate, a fixed fee or a combined model is used; in some cases part of the fee depends on the outcome achieved. The fee is determined by the time actually spent, the complexity of the matter and the overall timeframe of the project, and is agreed before work begins.
Describe your matter and the circumstances in which it arose. The consultation establishes the possible structure of the work and the scope of legal support required.
