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Lech Giliciński

Partner
+48.22.653.4215
Fax +48.22.653.4250
Dr. Lech Giliciński is a legal counsel and Partner and the Head of Banking, Finance and Restructuring Practice in the firm’s Warsaw office. He focuses his practice on insolvency and restructuring law, as well as banking and finance matters and private equity.

International institutions analyzing the legal services market have recommended Lech Giliciński for several years as a leading expert in the area of restructuring and insolvency and restructuring law. He has been recently recommended by the ranking of law firms of “Rzeczpospolita” daily, Chambers Global, Chambers Europe (2010 - 2015, Tier 1, Band 1, 2016 - Eminent Practitioner), International Financial Law Review 1000, The Expert Guide to the World's Leading Insolvency & Restructuring Lawyers. Lech Giliciński, PhD., is a Management Board Member of the Restructuring Practitioners Association and Insol Europe, Insol International, Oxbridge Society of Poland.

He is the author of numerous publications on restructuring and insolvency, including a chapter titled Cross Border Insolvency – Poland, regarding cross-border insolvency and restructuring issues in Poland, Insol International, Cross-Border Insolvency II - A Guide to Recognition and Enforcement, 2012 and a chapter regarding Polish aspects of implementation of EU law in respect of cross-border insolvencies of banks and insurance companies for EU Banking and Insurance Insolvency - Oxford University Press, 2006.

Professional Background

 
r. Giliciński was a legal adviser to the Minister of Justice and EBRD in the process of implementing the Polish Bankruptcy and Restructuring Law of 2003. He is also the World Bank’s country partner in Poland in the area of insolvency and restructuring. In particular, he was the main consultant of the World Bank in connection with the preparation of the report “Poland: Towards a Stronger Insolvency Framework” for the Polish government upon commencement of the works on the draft restructuring law and amendments of the insolvency and restructuring law. He also gained broad experience in reputable international law firms.

Achievements

  • Chambers Global, Restructuring and Insolvency, 2017-2016, Eminent Practitioner;
    2010-2015 Band 1
  • Chambers Europe, Restructuring and Insolvency, 2017-2016, Eminent Practitioner;
    2010-2015 Band 1
  • Rzeczpospolita ranking 2013-2016, recommended for Restructuring and Insolvency
  • Legal 500, Restructuring and Insolvency, 2017-2014, Tier 1; Leading Individuals – Lech Giliciński
  • Legal 500, Banking & Finance, 2017, Tier 4; 2013-2014, Tier 3
  • Chambers Europe, Banking and Finance, 2005-2009 – Band 2
  • Legal Experts, EMEA, 2013 ¬ – ranking in Banking and Finance
  • International Financial Law Review 2005-2010 – Tier 2 ranking in Banking and Finance
  • Who is Who of International Restructuring Lawyers 2006-2011 – highly recommended for Poland in Financial Restructuring and Insolvency
  • PLC Which Lawyer 2006-2010 – consistently recommended in banking & finance, financial restructuring & insolvency and securitization

Professional/Civic Activities

  • Lecturer of the restructuring and bankruptcy law, postgraduate studies in business restructuring and bankruptcy, Kozminski University
  • Polish Association of Restructuring Professionals (Board member)
  • Insol Europe
  • Insol International
  • Oxbridge Society of Poland
Representing Creditors
  • Represented Lehman Brothers as a creditor in connection with the bankruptcy of two warehouse distribution centers in Poland including cross-border aspects of US bankruptcy of the debtors parent.
  • Advised a group of creditors in connection with the proceedings to declare bankruptcy of Gazimport Sp. z o.o., bankruptcy proceedings, and related litigations.
  • GM Records: representing creditors in connection with bankruptcy proceedings with an option of entry into an arrangement. 
  • Advising lessors of Air Polonia airline threatened with bankruptcy.
  • Representing a major creditor of Maflow sp. z o.o. in connection with the primary insolvency proceedings in Italy as well as commencement and conduct of secondary insolvency proceedings in Poland.
  • Representing a major creditor of Christianapol in connection with pending primary (sauvegarde) proceeding in France and motion for declaration of secondary insolvency in Poland.
  • Representing the Facility and Security Agents of a Syndicate of banks in connection with out-of-court restructuring of one of the largest LBO projects in Poland.

Representing Debtors
  • Representing a large construction company affected by the crisis in the construction sector in its Polish restructuring including in its disputes with creditors.
  • Advised Elektrim SA in connection with the restructuring of bond debt in the amount of EUR 510 million (including the establishment of a new security package).
  • Advised Hortex Holding in connection with the restructuring of debt (Ioans and debt securities).
  • Advised Eastbridge NV/ Domy Towarowe Centrum RE SA in connection with a pioneering international securitization of commercial real property with the value of EUR 73 million, the first of its kind in Poland, in order to restructure debt owed to a consortium of Polish and international banks.
  • Advised Synergia99 and its key shareholder in connection with the financial restructuring and a corporate reorganization.
  • Represented a Polish company in the investment sector as the debtor in connection with a hostile takeover and the enforcement of security.
  • Represented Large Polish company from the steel sector as the debtor in connection with out-of-court restructuring of ca. PLN 2 Bilion of debt involving 23 banks.

Representing Trustees
  • Represented the trustee of Schieder Mobel Holding in connection with the restructuring of debt of the group totalling EUR 300 mil/ion, and the restructuring of the Polish companies within the group: Alpina, Baltic Service, BFM Schieder Fornir, Bydgoskie Fabryki Mebli, Bydgoska Fabryka Mebli ETAP, Drew Dekor, Europa Center Development, Fabryka Krzeseł BFM, Flair Poland, FS Favorit Furniture Szczytno, HF Helvetia Furniture, HM Helvetia Meble, ID !tal. Design, IMS Poznań, Mazur Comfort, Mazur-Look International, Mazurskie Meble Trading, Mazur Direkt, MMI CHC, MMI Interline, MMI LOGO, MMI Sleeping, Nova E, TG Tapicernia Gniewkowo, TM Handel, Top Meble, Top Sofa Oborniki, a Californian company VIVA Bydgoszcz. 
  • Represented the bankruptcy trustee of its Polish subsidiaries and related litigations.
  • Represented the French receiver of the bankruptcy estate of the EMTEC Group in connection with the opening of secondary insolvency proceedings in relation to the Polish assets of Emtec Sp. z o.o.

Distressed Investors
  • Representing Bank of America Special Situations Group in connection with a number of projects involving the acquisition of distressed loan portfolios, including successful acquisition of loan portfolios of BPH S.A. and Bank Pekao S.A.
  • Advising a distressed fund in connection with its investment in Pekabex S.A. in bankruptcy, with respect to converting the Iiquidating bankruptcy into a bankruptcy with an option of entry into an arrangement.
  • Representing a large hedge fund in connection with participation in a tender to acquire a distressed loan portfolio offered by PKO Bank Polski.
  • Representing hedge fund in connection with potential Iitigation funding with respect to a dispute pending over the ownership of large office center in Poland.
  • Representing international bank as a maritime mortgagee in connection with an inter-creditor dispute over the private sale of vessel owned by a bankrupt borrower. 
  • Representing a distressed private equity fund in connection with its investment into a distressed company from the health sector including with respect to rescue financing.

Banking & Finance
  • Represented Mid Europa Partners on the EURO 400 Million acquisition and acquisition financing of a leading cable tv provider Aster and subsequent leveraged re-capitalization;
  • Represented Royal Bank ot Scotland and consortium of banks on EURO 500 Million back up financing for the largest Polish telecom company TP SA.
  • Represented China Development Bank with respect to EURO 640 Mil/ion export financing for a leading Polish mobile telephony operator P4.
  • Represented Glitnir Bank on EURO 30 Million real estate financing for the development of a large shopping mali in Szczecin.
  • Represented Vectra SA on the attempted acquisition financing for the acquisition of Aster.
  • Represented a regional mezzanine fund on the attempted EURO 20 Million mezzanine financing for a mid-size Polish company and its CEE-based subsidiaries.
  • Representing Deutsche Bank and the consortium of Polish and international banks in a PLN 2 Billion project financing for Polkomtel, a leading Polish mobile telephony operator.
  • Representing Bankers Trust and Deutsche Bank in connection with ca. USD 200 Million project financing for Bresnan Communications in connection with the development of Aster network in Poland.
  • Representing Bełchatów power plant in connection with the contemplated project financing for the expansion of its existing energy block.

Private Equity Project
  • Represented European Renaissance Capital in connection with its investment into and exit from HTL.
  • Represented Hicks Muse Furst and Tate, EMP and Argus Capital on the acquisition and acquisition financing of Aster from Vivendi.
  • Represented Shoreview Capital Partners in connection with the acquisition of a company from HTL group.
  • Represented Mid Europa Partners on the EURO 400 Million acquisition and acquisition financing of a leading cable tv provider Aster and corporate restructuring of the group.
  • Represented TDA Capital Partners in connection with its equity investment in Synergia 99, debt financings, debt and corporate restructurings as well as exit from the company.
  • Represented a large hedge fund in connection with its financing of a special situation project in Poland.
  • Advised EQT on selected matters in connection with its acquisition of HTL Strefa.
  • Advised senior lenders in connection with the restructuring of a major LBO project owned by a major private equity fund.
  • Representing a private equity fund in connection with the financial restructurings of its Polish portfolio company.
  • Represented a private equity fund in connection with its investment into a leading Polish sub-prime lender and debt financing.
  • Represented a regional mezzanine fund on the attempted mezzanine financing and equity investment into a mid-size Polish company and its CEE-based subsidiaries.