100% satisfaction of creditors of the first category and almost 50% of creditors of the second category and all costs of bankruptcy proceedings covered – the bankruptcy of Neotech Mława Sp. z o. o. with its registered office in Tułowice ends successfully, despite the fact that at the beginning of the proceedings there were no assets or financial resources in the company’s assets. In the opinion of qualified restructuring advisor Marcin Kubiczek, this is a good example of how effective a tool is the use of the so-called Pauliana action.

On February 25, 2020, the court declared Neotech Mława sp. z o. o. with its registered office in Tułowice bankrupt. The proceedings are coming to an end, because on September 20, 2024, the trustee Marcin Kubiczek submitted to the judge-commissioner the final plan for the division of the bankruptcy estate funds. The trustee points out that one of the company’s creditors filed for the declaration of bankruptcy, which shows how strong instruments the creditors have against the debtor.

The beginning of the proceedings did not inspire optimism. The temporary court supervisor Krzysztof Piotrowski could not contact the debtor. The company did not comply with the orders and did not submit documentation regarding its business activities. The assets were not even sufficient to cover the costs of the proceedings, which, according to the supervisor, would support the dismissal of the bankruptcy petition. On October 11, 2019, Marcin Kubiczek became a compulsory administrator, and after the declaration of bankruptcy, the trustee of Neotech Mława.

Thanks to the effectiveness of the trustee’s actions and the use of the so-called Pauliana action, several million PLN were transferred to the bankruptcy estate during the proceedings. This was possible thanks to the filing of lawsuits to recognize past actions as ineffective. Until these funds were obtained, the bankruptcy proceedings were conducted in conditions of significant financial shortages – the trustee had to finance the costs of the proceedings from his own funds and seek external non-interest-bearing sources of financing.

The starting point was the lack of any funds to conduct the proceedings, yet it ends with 100% satisfaction of creditors of the first category, almost 50% satisfaction of creditors of the second category and coverage of all costs of the proceedings. This is the best proof that bankruptcy law in Poland works. You just have to want and be able to use the tools it offers. The total amount presented to 29 creditors for payment under the division plans amounted to several million PLN.