The team of Motieka & Audzevičius initiated a claim to annul several agreements related to a client‘s debtor, as these agreements would have violated the interests of the client. After the claim had been submitted, another creditor of the respondent in the case, who was not related to our client, requested the court to allow him to participate in the case as a third party. Such participation could have caused the case to be examined for a considerably longer period of time. We opposed the other creditor’s participation because it would have been contrary to the interests of our client.
The Court of Appeal of Lithuania upheld our arguments and decided that the actio Pauliana case would only have legal consequences to the extent necessary to eliminate the violation of the rights of our client, and therefore the other creditor did not have a right to participate in the case.