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creditor protection

Creditor Protection—a new vortal
With creditors in mind, we have launched a new special-interest service on our website, Creditor Protection, devoted entirely to what creditors can do when debtors unlawfully evade payment of their debts or performance of other obligations.
Creditor Protection—a new vortal
Fraudulent transfer claim against a third party: A basic instrument for protecting creditors against debtors’ insolvency
The deepening crisis of debtor honesty means that today, more than ever, creditors face the risk that debtors will not only fail to pay their debts voluntarily, but will hinder enforcement by transferring assets to third parties. In such situations, a fraudulent transfer claim against the third party (sometimes called a “Pauline action”), known and applied in legal systems of many countries around the world, comes to the creditor’s rescue.
Fraudulent transfer claim against a third party: A basic instrument for protecting creditors against debtors’ insolvency
When a debtor dies or inherits, what can a creditor do to determine what is in the estate?
One problem that can affect a creditor is the debtor’s death. Then a creditor seeking to recover a claim must in some way determine as soon as possible the value of the estate left by the deceased debtor, whether the claim is included in the estate, and who, from the group of potential heirs, and to what extent, will be responsible for the debtor’s obligations.
When a debtor dies or inherits, what can a creditor do to determine what is in the estate?
When a debtor rejects an inheritance to the detriment of a creditor
Seeking to evade their obligations, debtors may take various actions in connection with their possible right to inheritance from a third party. A debtor might attempt to conceal the elements or value of the estate. They might even reject the inheritance before the court or a notary, but the creditor is not defenceless in that situation. The purpose of this article is to introduce readers to a legal instrument protecting the creditors’ interests in a situation where the debtor rejects an inheritance.
When a debtor rejects an inheritance to the detriment of a creditor
How can a private investigator help in a case against a dishonest debtor?
Interview with Tomasz Mostowski, a licensed private investigator from the Legalplus detective agency
 
How can a private investigator help in a case against a dishonest debtor?
How do dishonest debtors hide their assets and income?
Interview with Tomasz Mostowski, a licensed private investigator from the Legalplus detective agency
 
How do dishonest debtors hide their assets and income?
Operational methods for determining the elements and value of a decedent’s estate
Interview with Tomasz Mostowski, a licensed private investigator from the Legalplus detective agency
 
Operational methods for determining the elements and value of a decedent’s estate
A good compliance system can help protect a business from dishonest debtors
Pursuing claims and recovering debts is a legitimate right of every creditor, as is checking partners’ credibility. But this should be done wisely and prudently. Not only money is at stake, but also reputation, says Jarosław Szeląg, legal director and compliance officer at a financial institution operating in the automotive market.
A good compliance system can help protect a business from dishonest debtors
Persons handling a dishonest debtor’s affairs may be liable to creditors
The Supreme Court of Poland regards protection of the creditor’s financial interests as the main purpose of punishing the debtor (and his supporters, if any) for behaviour preventing or diminishing the satisfaction of creditors. Therefore, persons handling the debtor’s affairs can be jointly and severally liable to the creditor.
Persons handling a dishonest debtor’s affairs may be liable to creditors
The creditor as an injured party in criminal proceedings
It often happens that a creditor in a civil relationship is also harmed by the debtor’s action that may qualify as a crime. In such cases, in addition to pursuing claims through civil proceedings, the creditor can also take action against the debtor in criminal proceedings.
The creditor as an injured party in criminal proceedings
Seizure of debtor’s shares in a company: Is it enough?
Often, debtors’ shares in companies are subject to seizure in security or enforcement proceedings. But the debtor does not lose its status as a shareholder in the company after the shares are seized, and the creditor still remains a third party with respect to the company. Thus the debtor may continue to exercise the corporate rights attached to the seized shares, making it difficult for the creditor to satisfy its rights. So it is worth remembering the possibility of challenging corporate resolutions, and appointing a receiver for shares seized in enforcement or security proceedings.
Seizure of debtor’s shares in a company: Is it enough?
Spouse’s consent to incur debt
How should a spouse consent to incurring a debt encumbering the marital community property so that the creditor can obtain security against marital property or execute against marital property? And what should a creditor do if there is no written consent?
Spouse’s consent to incur debt