Case No.: PO1P/GRz/186/2023
MB/LAW is pleased to announce the successful completion of restructuring proceedings for an entrepreneur operating in the road freight transport sector. The arrangement (composition) was approved by the court, ensuring the company’s continued operations.
The business had been active since 2018, specializing in the transport of goods by road. The debtor independently organized loads and carried out transport services under the fleets of Darton and Spedycja Polska (previously also Stanmar and Run Logistic). Services were offered mainly to freight forwarding companies, but the debtor also obtained contracts directly. Initially, the company focused on international routes, while currently it operates on the domestic market within Poland. The business employed one driver holding a professional competence certificate.
Causes of financial difficulties:
- COVID-19 pandemic (European lockdowns reducing profitability of international routes).
- Termination by PKO BP of a factoring agreement worth PLN 95,000 (forcing the debtor to seek credit from other institutions to cover operating costs).
- Loss of profitable contracts from January 2023.
- Termination by TRANS EU of a factoring agreement (which provided invoice exchange and ongoing financing).
- Termination by ALIOR BANK of an overdraft facility (due to reduced turnover and non-performance of contractual terms).
These events led to severe financial distress and prevented the debtor from making timely repayments.
Restructuring outcome:
Thanks to the actions of the arrangement supervisor – attorney-at-law Michał Burek, LL.M., licensed restructuring advisor no. 1665 – and the support team, MB/LAW successfully negotiated with creditors, held a vote, and secured approval of the arrangement. This was confirmed by the court on 6 May 2024.
- Bank creditors with claims above PLN 150,000: full waiver of interest accruing after arrangement confirmation – repayment of principal and accrued interest up to that date in 84 monthly instalments.
- Bank creditors with claims up to PLN 150,000: full waiver of interest from the opening of proceedings – repayment in 60 monthly instalments.
- Factoring creditors: waiver of all interest from the opening of proceedings until arrangement confirmation – repayment of remaining claims in 72 monthly instalments, with the first instalment deferred by 3 months.
- Private creditors: full waiver of interest, court fees, and enforcement costs – repayment of 80% of principal in 24 monthly instalments.
If your business is facing liquidity risks or financial distress, contact MB/LAW. We treat every case individually and comprehensively. We negotiate with creditors, prepare practical restructuring proposals, and actively support entrepreneurs in regaining financial stability.
