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Piotr Bartosiewicz

Counsel, Warsaw

Litigation lawyer specializing in insolvency, bankruptcy, restructuring and business prohibition law-related cases, as well as in commercial litigation, particularly for financial institutions.
Bartosiewicz Piotr 200 x 200

Experience

Piotr is a seasoned litigation lawyer with extensive experience representing banks, corporate clients, and financial institutions in bankruptcy, restructuring, and commercial litigation. He regularly advises creditors in complex bankruptcy and restructuring proceedings, including those with cross-border implications, and provides strategic advise to bankruptcy trustees on a wide range of issues. Piotr’s expertise includes representing leading international Bank operating through its branch in Poland in bankruptcy proceedings, as well as advise for Polish banks in debt restructuring cases involving approximately PLN 70 million. He also represents financial institutions in compensation claims related to their role as depositories and in commercial litigation against guarantors of bank loans and factoring agreements. Additionally, Piotr advises Polish and foreign companies in the real estate, telecom, automotive, and construction sectors on managing insolvency risks and securing assets. 

Prior to his work in private practice, Piotr served as a court assessor in the 18th Commercial Division for Bankruptcy and Restructuring at the District Court in Warsaw. Over nearly three years, he handled more than 800 bankruptcy and restructuring cases, including over 100 as a presiding bankruptcy judge. His judicial experience includes overseeing the bankruptcy proceedings of prominent companies such as Praktiker Polska sp. z o.o. and CDP sp. z o.o., and the restructuring of Onico S.A., Braster S.A., and Nextbike Polska S.A.

Piotr’s combined judicial and market experience enables him to provide comprehensive legal support, offering clients strategic advice rooted in both practical business and deep courtroom expertise. 

Recent Cases

  • POLISH MANUFACTURER OF FERTILIZERS AND NITROGEN COMPOUNDS: Successfully filing for bankruptcy of the debtor on behalf of the client (the creditor) as a result of the debtor’s failure to comply with the terms of the arrangement and securing the creditor’s interests by proving the legal invalidity of a legal transaction entered into by the debtor;
  • FOREIGN COMPANIES FROM THE AUTOMOTIVE AND CONSTRUCTION INDUSTRIES: advice on commercial cooperation with entities at risk of insolvency, in particular by securing the ownership of assets possessed by a Polish contractor;
  • BANKRUPTCY TRUSTEE OF AN ENERGY INDUSTRY COMPANY: advice on the sale by the trustee of the bankrupt’s assets located in the Russian Federation, considering the sanction provisions of Polish and EU law, as well as the counter-sanction provisions of Russian law.
  • FOREIGN COMPANY FROM THE ENERGY INDUSTRY: analysis of contractual provisions on the purchase of assets and advice on the purchase of assets from an entity at the stage of implementing the approved arrangement in remedial proceedings;
  • LEADING INTERNATIONAL HOTEL CHAIN: analysis of contractual provisions regarding the potential insolvency of contractors and legal advice on the possibility of terminating contracts due to the (threat of) insolvency of contractors;
  • POLISH INVESTOR FROM THE REAL ESTATE SECTOR: representing the debtor in the pending proceedings brought by the creditor’s petition to open the debtor’s restructuring proceedings before the court of first instance (ultimately, the court refused – in line with the debtor’s position – to open restructuring proceedings);
  • LEADING INTERNATIONAL BANK OPERATING THROUGH ITS BRANCH IN POLAND: representing the client as a creditor in bankruptcy proceedings and providing ongoing legal advice, in particular as regards:
    • reporting claims (receivables) to the trustee in the KRZ ICT system;
    • informing the trustee about the bank guarantee payment to the creditor and the return transfer of the receivable to the guarantor in order to properly reflect the transaction on the list of claims (receivables);
    • objections to the trustee’s expenses indicated in periodic accounting reports;
    • objections to the description and estimation of the bankrupt’s enterprise;
    • requests to take supervisory actions towards the trustee;
    • developing a line of argumentation against a motion by a third party (also in bankruptcy) to exclude the bankrupt’s real estate from the bankruptcy estate; the third-party motion was based on the common court’s final judgment ordering the release of the real estate in question to the third party;
    • possible ways for the creditor’s satisfaction from a registered pledge in bankruptcy proceedings;

Recent Articles

  • "Indexing through restructuring", Rzeczpospolita, February 17, 2023
  • “The effects of bankruptcy on asset freezing orders issued in criminal proceedings,” Doradca restrukturyzacyjny, no. 29 (3/2022)