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

In the second case, the Supreme Court dealt with our appeal in cassation in an action to set aside a fraudulent conveyance (actio pauliana, or Paulian action). The court accepted our argument that the proceedings were invalid and so reversed the judgments of both courts below, cancelled the respective proceedings and remanded the case to trial court for reconsideration.

The third win, which also involved an action to set aside, is important in so far as 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) do not affect the finding of debtor's intent to prejudice the future creditor.

The client, formerly doing business as DZ Bank Polska, was assisted in all these cases by Anna Pukszto, partner co-heading Dentons Litigation and Arbitration Team, and by Monika Olesińska-Tyczyńska and Magdalena Inglot.

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