Consumer bankruptcy. What is that?

Recently, there have been a lot of offers encouraging people with financial problems to file for bankruptcy. In the era of coronavirus, war in Ukraine and raging inflation, it is not difficult to get into financial trouble. Then the most common question is what to do next? The most reasonable decision for an indebted person who does not have the means to pay off his liabilities is to file for bankruptcy.

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Consumer bankruptcy petition – how and where to file?

An appropriate application may be submitted by any natural person who does not run a business. This does not mean that a natural person who has run a business in the past cannot submit such an application. It is important that on the date of submitting the application for bankruptcy, the applicant is not listed in the register of entrepreneurs. The said application is subject to a fee of PLN 30 and can be submitted both through the portal of the National Register of Debtors and in paper version to the competent district court. The application should include all the necessary data and justification for the occurrence and causes of the debtor’s insolvency. A well-prepared and substantiated application is crucial in bankruptcy proceedings. It is important to convincingly describe your life situation in the justification, which had an impact on the consumer’s insolvency.

Consumer bankruptcy vs. bankruptcy proceedings – what does it look like?

After submitting the application, its content and the documents attached to it are checked. From March 24, 2020, the verification of the application has become much more favorable than before. In the current legal status, the court does not examine whether the debtor caused his insolvency or significantly increased its degree intentionally or as a result of gross negligence. This is a facilitation for people submitting the application, because they do not have to prove the fact that they became insolvent through no fault of their own. In the current legal status, bankruptcy proceedings are primarily intended to have a debt collection, educational, preventive and, above all, debt relief function. After a positive consideration of the application for a declaration of bankruptcy, a decision on the declaration of bankruptcy is issued. In the said order, the court indicates the liquidator, who immediately includes the bankrupt’s assets, manages them and proceeds to liquidate them.

Author:

Grzegorz Streckbein

Advocate

Advocate. He completed his legal studies at the Faculty of Law and Administration of the University of Silesia in Katowice. In his daily practice, he deals primarily with issues related to the day-to-day service of business entities, with particular emphasis on corporate service. His interests also include reorganization and mergers and acquisitions (M&A) matters. He advises management boards and supervisory boards of capital companies.

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