International law firm CMS firm has strengthened its restructuring and insolvency practice with two new hires. The CMS interdisciplinary restructuring team has recently been joined by Artur Bednarski and Piotr Stenko, who both have over a decade of experience advising clients on restructuring and bankruptcy processes.
The interdisciplinary restructuring team at CMS has a broad range of skills in advising on restructuring and bankruptcy, corporate, and tax proceedings, as well as employment restructuring. The team advises financial institutions, companies and their shareholders on debt restructuring, and assist in servicing companies at risk of own insolvency or contractors’ insolvency, as well as investors interested in acquiring non-performing assets.
“Our clients receive comprehensive support from experts who, within one team, combine the experience needed to react quickly to risks, but also to opportunities associated with decisions on restructuring and bankruptcy. This team will confidently and quickly guide clients through all stages of the restructuring, bankruptcy or transaction process,” says Andrzej Pośniak, managing partner of CMS in Poland. “We are strengthening this part of our services is a response to the needs of our clients, a number of whom are confronted with serious decisions as a result of the Covid-19 pandemic and other phenomena in the local and global economy.”
Artur Bednarski is an advocate and a senior lawyer who has advised for almost 10 years on multi-faceted and multilateral debt restructuring. He has an in-depth knowledge of the restructuring process and its dynamics, which allows him to successfully advise on complex court and out-of-court cases. He effectively supports both lenders and borrowers in connection with financing issues and debt restructuring. He has considerable experience in acquisition transaction financing, real estate project financing and corporate financing, both from the perspective of the lender and the borrower. His expertise also includes individual and portfolio NPL sales. Before joining CMS, he worked at Wardyński & Partners and Weil, Gotshal & Manges for over nine years.
Piotr Stenko is a legal counsel and senior lawyer with over 10 years of experience advising on insolvency, bankruptcy and restructuring, including in connection with the collateralisation of transactions in the context of insolvency. Focusing on the judicial aspects of bankruptcy and restructuring, he has represented creditors (banks and commercial creditors) in a number of bankruptcy proceedings, e.g. in connection with granted financing, including settlement of syndicated loans, as well as in disputes related to insolvency (concerning, for example, embezzlement). He has successfully advised on the restructuring of the debt of companies and their affiliates, both on the part of management boards and of financing institutions. He regularly advises in connection with bankruptcy and restructuring, particularly in the construction and real estate sectors. His specialisation also includes conducting court and arbitration disputes arising from infrastructure projects. He was previously associated with law firms JDP Drapała & Partners and Dentons and Noerr.
"As business develops, companies seek better and simpler legal forms or an optimal structure for their business. Restructuring then most often involves changes in employment structures, company transformations, transfers of assets, as well as mergers and demergers. These are complex processes that require thorough legal and tax knowledge, as they constitute the legal foundation of a company," explains Michał Mężykowski, the partner who heads the interdisciplinary restructuring team at CMS in Poland. “Regardless of the position gained and the experience accumulated over the years, any company can find itself in a crisis situation which carries the threat of insolvency. Then, first and foremost, the structure of the balance sheet liabilities needs to be restructured. Saving a business from the threat of bankruptcy, entering into an arrangement with creditors, converting receivables into shares or recovering an outstanding debt all require quick support and non-standard solutions”.
Michał Mężykowski, leader of the interdisciplinary restructuring practice for over 18 years, advises financial institutions, amongst others, on restructuring and bankruptcy law, as well as transaction financing. In international legal market rankings, he is considered to be one of the leading specialists on financing in Poland. The restructuring practice also includes Ilona Fedurek, counsel, who effectively leads teams of lawyers who support financial institutions threatened with exposures, in arrangements of standstill agreements, restructuring processes and the conclusion of agreements between creditors. Furthermore, she helps clients to restructure their debt out of court by advising creditors and debtors at the stage of renegotiating the terms of financing.
With regard to court debt restructuring, as well as restructuring and bankruptcy disputes, comprehensive advice is provided by Joanna Młot, counsel, who has specialised for 15 years in legal assistance in restructuring and bankruptcy proceedings and debt recovery. Recommended in international rankings, she successfully represents clients at all stages of proceedings and arrangements with creditors. With regard to restructuring projects in the construction sector, the restructuring team is supported by Lidia Dziurzyńska-Leipert, legal counsel and partner, who advises both during the implementation of projects and during court proceedings by participating in the largest proceedings concerning key infrastructure projects in Poland. In the Chambers and Legal 500 rankings, she is recognised as a leading lawyer in construction law.
Companies considering reorganisation, transfer of assets, change of country of operation, or mergers or demergers of entities between different jurisdictions, will be supported by an experienced transaction and corporate law team led by Rafał Zwierz and Błażej Zagórski, partners with unique expertise in corporate consulting, M&A, privatisation and restructuring processes, and the tax team led by Andrzej Pośniak.
With regard to changes in the structure of employment, labour matters related to reorganisations, transitions of employment establishments and group redundancies, we offer one of the best labour-law teams in Poland, led by Katarzyna Dulewicz, a partner who is recognised in Polish and international legal rankings.
The interdisciplinary restructuring and bankruptcy team is supported by more than 170 CMS lawyers, who provide unique sector knowledge, skilled knowledge in regulatory aspects, as well as expertise in other areas of law, including corporate law, employment law, competition law, public procurement law, tax law and criminal law.
