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Dentons Successful for DZ Polska in Three Cases Before Polish Supreme Court

Dentons Successful for DZ Polska in Three Cases Before Polish Supreme Court

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Dentons has successfully represented DZ Polska in three cases before the Polish Supreme Court.

The first case, brought on appeal in cassation, involved the effects of an attachment of shares enforced after the shares were disposed of by the debtor. In its judgment, the Supreme Court held that an attachment of shares in the course of execution proceedings remains effective, including vis-a-vis the company, even if the shares had been earlier disposed of by the debtor, unless the seller or purchaser notifies the company of the disposal prior to attachment.

In the second case, the Supreme Court dealt with an action to set aside a fraudulent conveyance. The court accepted Denton's argument that the proceedings were invalid and reversed the judgments of both courts below and remanded the case to trial court for reconsideration.

In the third case, which also involved an action to set aside, the Supreme Court allowed a Paulian action filed against a "fourth" person to be used to contest a transaction between the debtor and a third party. The Supreme Court ruled that the knowledge of the harmed party and its actions vis-a-vis the debtor (e.g. obtaining and then enforcing a security interest) did not affect the finding of debtor's intent to prejudice the future creditor.

The client, which formerly did business as DZ Bank Polska, was assisted in all three cases by Dentons Partner Anna Pukszto, supported by Attorney Monika Olesinska-Tyczynska, and Associate Magdalena Inglot.

 

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