Krzysztof Żyto is an attorney-at-law, partner and head of the restructuring and insolvency department at Chajec, Don-Siemion & Żyto.
Krzysztof specialises in dispute resolution and restructuring and insolvency law. His practice is focused on representing corporate clients in court and arbitration proceedings. Krzysztof has extensive expertise in civil procedure.
He advises media and telecommunication companies with foreign ownership and has represented major Polish telecom operators. Krzysztof advises bankruptcy trustees of companies operating in the banking, real estate and construction, TMT and healthcare sectors, in court proceedings against debtors as well as on matters connected with insolvency proceedings. Currently he is engaged in over 100 cases handled by our litigation and restructuring and insolvency departments.
Recently he advised the bankruptcy trustee of a Polish commercial television station in a liquidation-type bankruptcy. This case is precedential both in court and in legal doctrine as it concerns the withholding of enforcement, payment for bonds and a potential set-off of bond price receivables with bond redemption receivables. He also advised a Dutch Company on a case for repayment of a loan granted to a Polish company operating in the hospitality sector. The loan agreement was executed in the Netherlands and the repayment was sought before a Polish court, which resulted in issues with the choice of governing law.
Krzysztof also represented a leading Polish bank in insolvency proceedings of a debtor operating in the construction sector; a private client on a demand for compensation for losses incurred by a Forex trader in connection with the CHF exchange rate turmoil in January 2015; and a company from the TMT sector regarding a demand to pay the price for shares in a limited company with a concurrent demand that a set-off of the buyer’s mutual claim be declared inadmissible as being contrary to bankruptcy law regulations.
Krzysztof is an arbitrator at the Court of Arbitration at the Polish Chamber of Commerce in Warsaw. In addition, he worked for 10 years as a judge at the Commercial Division of the Voivodeship Court in Poznań. His judicial practice concentrated on commercial law and civil procedures related to commercial claims.
Krzysztof is recommended by The Legal 500 EMEA 2015 in the field of dispute resolution.