Consumer Insolvency

Insolvency need not mark the end of the road. Consumer bankruptcy proceedings offer individuals a genuine prospect of a fresh financial start, free from the burden of unmanageable debt.

We advise on and manage the entire insolvency process — from analysis of the client’s financial position, through preparation and filing of the petition, to representation throughout proceedings and supervision of creditor repayment plans. We act for individuals who are not engaged in business activity and who find themselves unable to meet their financial obligations, with a commitment to achieving a dignified, effective, and carefully managed outcome.

Our consumer insolvency services include:

  • Assessment of the grounds for insolvency and comprehensive analysis of the debtor’s financial position;
  • Preparation and filing of the petition for consumer bankruptcy;
  • Representation before the insolvency court throughout proceedings;
  • Support in dealings with the insolvency administrator (syndyk) and in the implementation of repayment plans;
  • Protection of assets from improper disposal or premature enforcement;
  • Assessment of the consequences of insolvency for existing obligations, contracts, and joint marital assets;
  • Applications for discharge of liabilities without a repayment plan in exceptional circumstances;
  • Post-insolvency advice, including strategies for rebuilding creditworthiness.

Creditor Representation in Insolvency Proceedings

A debtor’s insolvency need not mean the end of a creditor’s prospects of recovery. We advise on and manage the effective representation of creditors in both insolvency and restructuring proceedings — against corporate entities and individuals alike. Our services cover the full spectrum, from filing proofs of debt through active participation in proceedings, including in circumstances where there is evidence of asset dissipation or transactions prejudicial to creditors.

Creditor services include:

  • Filing proofs of debt in the insolvency estate;
  • Representation before the insolvency administrator (syndyk), court supervisor (nadzorca sądowy), and the court;
  • Critical review of restructuring proposals and arrangement plans;
  • Challenging transactions that are void against creditors (actio pauliana);
  • Assessment of recovery prospects and measures to secure debtor assets;
  • Participation in creditors’ meetings and votes on proposed arrangements;
  • Analysis of personal liability of company directors for outstanding debts;
  • Supervision of enforcement following the close of insolvency proceedings.

Online Fraud & Cybercrime

The incidence of internet-related financial crime continues to rise — from phishing and fraudulent bank transfers to malicious applications and unauthorised payment transactions. We advise on every aspect of the legal response: preventing further loss, recovering misappropriated funds, and pursuing those responsible.

We assist clients in regularising their legal and financial position and represent them in disputes with banks and other payment service providers that have declined to refund unauthorised transactions.

Our internet fraud services include:

  • Claims arising from unauthorised payment transactions under Article 45 of the Polish Payment Services Act (ustawa o usługach płatniczych);
  • Drafting of complaints and correspondence with banks and payment service operators;
  • Representation in court proceedings against financial institutions;
  • Assistance with reporting criminal offences and preparation of criminal complaints;
  • Analysis of institutional liability for inadequate security procedures and authentication failures;
  • Assessment of claims against intermediaries, including unverified agents and fraudulent online retailers;
  • Legal support in cases involving personal data breach or identity theft.

CHF Mortgage Disputes

KPP is a market leader in litigation concerning mortgage loans indexed or denominated in foreign currencies — principally the Swiss franc, but also the euro and the US dollar. We were among the first law firms in Poland to challenge these agreements, and we have been at the forefront of this area of practice ever since. Senior Partner Tomasz Konieczny is an active member of the Forum of Financial Lawyers and co-author of the bestselling “Przewodnik Frankowicza” (“Guide for CHF Borrowers”), published by Wolters Kluwer.

Since 2010, we have represented borrowers in court proceedings against banks and have secured several hundred final and binding judgments in their favour. We assist clients in voiding defective loan agreements and recovering overpaid instalments, providing representation at every stage — from initial document review through trial, settlement negotiations, and post-judgment reconciliation with the bank. We also defend borrowers against counterclaims for capital restitution.

Our CHF mortgage services include:

  • Analysis of CHF-linked loan agreements and quantification of client claims;
  • Assessment of grounds for contract invalidation or removal of unfair terms;
  • Development of litigation strategy tailored to the specific bank and agreement type;
  • Representation in first and second instance proceedings and before the Supreme Court;
  • Defence against bank counterclaims for capital restitution;
  • Applications for interim relief — in particular, suspension of instalment payments pending final judgment;
  • Representation in mediation and settlement negotiations;
  • Enforcement of awarded claims and supervision of post-judgment reconciliation with the bank;
  • Deletion of mortgage entries from the land and mortgage register and removal of records from banking databases.

PLN Loan Disputes (WIBOR)

We specialise in litigation relating to PLN-denominated loans and credit facilities with variable interest rates based on the WIBOR benchmark. The legal challenge centres on demonstrating that the bank failed to adequately inform the borrower about the risks inherent in variable-rate lending and the methodology by which the WIBOR index is determined. Where such a failure is established, the relevant contractual clauses may be removed from the agreement — potentially resulting in a significant reduction in the applicable interest rate, an obligation to repay capital only, or full invalidation of the agreement.

We also challenge PLN loan agreements on the basis of the so-called “free credit sanction” (sankcja kredytu darmowego) — a statutory consumer protection mechanism under the Polish Consumer Credit Act. The sanction is triggered where a lender has breached specified disclosure or contractual requirements, with the consequence that the borrower is obliged to repay the principal only, with no interest or ancillary costs.

Our PLN loan services include:

  • Analysis of loan agreements for unfair terms and breach of statutory disclosure obligations;
  • Assessment of eligibility for the free credit sanction;
  • Preparation and submission of formal complaints and pre-litigation demands;
  • Representation in court proceedings against banks;
  • Recovery of overpaid interest, fees, and ancillary charges;
  • Defence against bank claims, including challenges to payment orders;
  • Negotiation of settlements and ongoing protection of borrower interests;
  • Monitoring of case law developments and continuous review of litigation strategy.

Bonds & Investment Products

We represent individual and institutional investors in disputes arising from failed or misrepresented investments, acting against a broad range of capital market participants — including banks, insurance companies, brokerage houses, closed-end investment funds, and asset management companies. Our objective is to recover invested capital and to hold accountable those entities whose conduct caused or contributed to the loss.

We provide end-to-end legal support — from forensic analysis of investment documentation through to trial — developing an individualised strategy designed to maximise the prospect of recovery.

Our investment dispute services include:

  • Recovery of funds from unredeemed corporate bonds and investment certificates;
  • Claims against banks, funds, advisers, and financial intermediaries;
  • Mis-selling disputes — including unfair marketing, inadequate risk disclosure, and sale of unsuitable investment products;
  • Disputes relating to unit-linked insurance policies and investment-linked insurance agreements;
  • Legal and risk analysis of investment documentation;
  • Litigation strategy and representation before civil courts and arbitral tribunals;
  • Pre-litigation procedures — demand letters, formal complaints, and mediation;
  • Enforcement of judgments and pursuit of secured claims, including mortgages and guarantees.

Family Law

Family matters demand legal precision, human understanding, and discretion. We advise on all aspects of marital relations, parental responsibility, maintenance obligations, and the division of matrimonial property — guiding clients through both the most emotionally challenging circumstances and the most complex planning decisions.

Our objective is to protect our client’s rights, safeguard the best interests of any child involved, and preserve long-term family stability — with professionalism, substance, and genuine respect for the individual circumstances of each party.

Our family law services include:

  • Divorce, legal separation, and determination of fault in the breakdown of the marriage;
  • Division of matrimonial property — by court order or by agreement;
  • Parental responsibility, contact arrangements, and determination of a child’s habitual residence;
  • Maintenance — obtaining, increasing, or reducing maintenance awards;
  • Drafting of parenting plans and conduct of mediation;
  • Financial claims arising from the breakdown of cohabitation and non-marital partnerships;
  • Interim measures to protect the interests of children and spouses during ongoing proceedings;
  • Representation in family proceedings at all stages and before all instances.

Succession & Estate Planning

Succession involves far more than legal formalities. It frequently engages complex family dynamics, competing interests among beneficiaries, and decisions with lasting financial consequences. We advise on all aspects of succession law — contentious and non-contentious — assisting in the orderly administration of estates, the assertion of inheritance rights, and the resolution of disputes among heirs.

We also work with entrepreneurs and family business owners to plan the smooth transfer of ownership and management to the next generation — protecting both the commercial enterprise and the family’s long-term interests.

Our succession and estate services include:

  • Confirmation of inheritance and division of estates;
  • Claims for the reserved share (zachowek) and defence against such claims;
  • Liability for estate debts, and advice on the acceptance or rejection of inheritance;
  • Negotiation and mediation between beneficiaries;
  • Drafting of wills, specific bequests (zapisy windykacyjne), and other testamentary dispositions;
  • Legal and financial planning for family business succession;
  • Implementation of management succession arrangements (zarząd sukcesyjny) and related corporate restructurings;
  • Representation before inheritance courts and commercial courts in succession-related matters.

Commercial & Civil Litigation

Effective dispute resolution requires more than knowledge of the applicable law — it demands strategic judgement, meticulous preparation, and the ability to adapt as proceedings unfold. We advise on the conduct of court proceedings from inception to final judgment: assessing risk, constructing arguments, and representing clients before courts of all instances.

We handle commercial, family, succession, employment, and consumer disputes, combining intellectual rigour with a flexible, client-centred approach. Our objective in every case is to achieve the most favourable outcome available — efficiently and proportionately to the interests at stake.

Our litigation services include:

  • Formulation of litigation strategy and realistic assessment of prospects;
  • Claims for payment, compensation, and damages;
  • Shareholder disputes, board-level conflicts, and claims against commercial counterparties;
  • Claims arising from breach of contract or defective performance;
  • Defence against claims in civil, commercial, and consumer proceedings;
  • Family litigation — divorce, maintenance, and child arrangements;
  • Succession disputes — reserved share, estate division, and liability for inherited debt;
  • Employment disputes and proceedings against financial institutions.

Leasing Disputes

Leasing arrangements — though widely used in business — can be a source of significant legal and financial risk. Ambiguous clauses, undisclosed charges, premature termination and unjustified lessor claims are among the most common sources of dispute.

We advise on the full lifecycle of lease agreements — from analysis and negotiation through to termination and enforcement. We act for both lessees and lessors and represent clients in both pre-contentious and contentious proceedings, with a consistent focus on minimising financial exposure.

Our leasing services include:

  • Analysis and review of operating and finance lease agreements
  • Disputes concerning early termination and the calculation of termination charges
  • Representation in proceedings against lessors and financing institutions
  • Recovery of overpayments and restitution of amounts wrongly charged
  • Defence against premature termination claims
  • Negotiation of settlements and termination terms
  • Advice on the assignment or novation of rights and obligations under lease agreements
  • Assessment of consumer protection provisions applicable to consumer leasing

Cryptocurrency & Blockchain

The rapid growth of the cryptocurrency market is accompanied by the simultaneous introduction of new laws and regulations. We provide comprehensive legal and regulatory advice in the digital assets sector. We serve entities already operating on the crypto-asset market as well as those looking to launch a business leveraging blockchain technology. We also support harmed participats of cryptocurrency market (including individual clients) in claims enforcement.

We combine knowledge of the European regulatory framework with hands-on business and transactional experience. What sets us apart is a deep understanding of the blockchain industry, allowing us to offer end-to-end support to our clients at every stage of their operations.

We advise on:

  • legal support for retail and institutional investors in the cryptocurrency market
  • CASP licensing and ongoing support for maintaining regulatory compliance,
  • compliance with MiCA, DORA, AML/KYC and TFR requirements,
  • passporting of CASP licences across the European Union,
  • preparing Web3 projects for market entry (strategy, tokenomics, whitepaper, TGE),
  • tokenisation of real-world assets (RWA),
  • ongoing legal support for blockchain and Web3 projects,
  • M&A transactions in the crypto-asset sector,
  • litigation and supervisory proceedings (KNF, ESMA),
  • crypto-asset taxation.

Insurance & Damages Claims

Loss of health, a road traffic accident, property damage, or an insurer’s refusal to pay — each of these scenarios may give rise to a claim for compensatory or non-pecuniary damages. We advise on and actively pursue claims against insurers, tortfeasors, and all other parties bearing liability.

We represent clients at every stage — in pre-litigation correspondence, court proceedings, and direct dealings with insurance companies — providing determined and effective advocacy throughout.

Our insurance and damages services include:

  • Claims for personal injury and property damage;
  • Disputes with insurers concerning claim refusal, undervaluation, or delayed payment;
  • Road traffic accident claims, workplace injury claims, and medical negligence claims;
  • Third-party liability, personal accident, comprehensive motor insurance, carrier’s liability, and institutional liability claims;
  • Property damage claims arising from flooding, fire, theft, and technical failures;
  • Disputes arising from unit-linked insurance policies and investment-linked insurance;
  • Preparation and conduct of complaint procedures, administrative proceedings, and litigation;
  • Assistance in obtaining benefits from the Social Insurance Institution (ZUS) and other statutory compensation schemes.

Real Estate Law

Real estate transactions and asset management sit at the intersection of civil, administrative, and commercial law — an area where even a minor oversight can generate significant financial exposure. We advise on the safe acquisition, disposal, use, and commercialisation of real property across all asset classes.

We represent both private clients and businesses — in transactional matters and in disputes concerning title, adverse possession, co-ownership, easements, and liability for legal defects.

Our real estate services include:

  • Legal due diligence on real property prior to acquisition or disposal
  • Drafting and review of sale, donation, exchange, lease, and tenancy agreements
  • Regularisation of title in the land and mortgage register
  • Representation in ownership disputes, adverse possession claims, co-ownership disputes, and partition proceedings
  • Claims for unjust enrichment arising from unauthorised use of property
  • Expropriation proceedings and compensation for restriction of property rights
  • Transmission easements and defence against utility company claims
  • Legal support in the commercialisation of real estate and institutional letting

Environmental Law

Rapidly evolving environmental legislation — including deposit and packaging obligations, waste management requirements, and environmental impact assessment (EIA) proceedings — presents significant compliance challenges for businesses and investors alike.

We advise on regulatory compliance, risk mitigation, and the legal protection of investments in the context of environmental requirements. Our support covers both proactive compliance planning and crisis response, including challenges to adverse administrative decisions, flooding liability, and environmental damage claims.

Our environmental law services include:

  • Obtaining environmental permits, EIA decisions, and planning consents;
  • Assessment of investment compliance with environmental legislation and spatial planning law;
  • Deposit system requirements and producer obligations under packaging regulations;
  • Flooding damage liability and representation in disputes with the Polish Waters authority (Wody Polskie) and insurers;
  • Preparation of environmental documentation, administrative appeals, and applications for judicial review;
  • Advice on waste management obligations and environmental levies;
  • Environmental legal audits and regulatory compliance reviews.

Creditor Representation in Insolvency Proceedings

A debtor’s insolvency need not mean the end of a creditor’s prospects of recovery. We advise on and manage the effective representation of creditors in both insolvency and restructuring proceedings — against corporate entities and individuals alike. Our services cover the full spectrum, from filing proofs of debt through active participation in proceedings, including in circumstances where there is evidence of asset dissipation or transactions prejudicial to creditors.

Our creditor representation services include:

  • Filing proofs of debt in the insolvency estate;
  • Representation before the insolvency administrator (syndyk), court supervisor (nadzorca sądowy), and the court;
  • Critical review of restructuring proposals and arrangement plans;
  • Challenging transactions that are void against creditors (actio pauliana);
  • Assessment of recovery prospects and measures to secure debtor assets;
  • Participation in creditors’ meetings and votes on proposed arrangements;
  • Analysis of personal liability of company directors for outstanding debts;
  • Supervision of enforcement following the close of insolvency proceedings.

Our Team