3 May 2019

Modernisation of bankruptcy and restructuring in Poland

Bankruptcy and restructuring law in Poland is undergoing considerable modernisation, as demonstrated by the following:

  • The number of individuals (excluding entrepreneurs) filing for bankruptcy has increased from approximately 5,500 in 2017 to 6,500 in 2018. This figure is likely to increase further given that the bankruptcy application process has become much more accessible.
  • Since 11 February 2019, all legal actions performed by a bankrupt are subject to the relevant provisions on "ineffectiveness" from the date on which the restructuring application was submitted (if the bankruptcy application was filed no later than 3 months from the date of completion of the relevant restructuring proceedings).
  • Even if an individual deliberately causes their own insolvency or is grossly negligent, they may still be able to declare bankruptcy. The measure is currently undergoing parliamentary debate and is expected to enter into force in early 2020.
  • An online National Debt Register will be in place from 1 December 2020 with information on:
    • all entities which are or have been subject to restructuring or bankruptcy proceedings; and
    • partners in commercial companies, who are liable for the company's obligations, if the company has been declared bankrupt.
  • The register will have two parts; one will be publicly available whilst the other will be restricted to authorised participants of particular proceedings.

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