Bankruptcy lawyer for individuals in Poland

A bankruptcy lawyer for individuals in Poland is a lawyer who provides comprehensive legal assistance to citizens in the so-called consumer bankruptcy procedure. Such a specialist helps a debtor who is in a difficult financial situation and cannot fulfill his debt obligations to go through all stages of the bankruptcy procedure in accordance with Polish law. In Poland, personal (consumer) bankruptcy is regulated by the provisions of the Law "Prawo upadłościowe". This law determines the conditions for declaring an individual insolvent, the procedure for bankruptcy proceedings and its consequences. Since 2020, the rules on consumer bankruptcy have been significantly liberalized: the procedure has become simpler and more accessible for debtors, and the courts do not reject applications even in cases where insolvency arose due to the fault or negligence of the debtor himself. In other words, if a person cannot pay his debts for at least 3 months, he is considered insolvent and has the right to apply to the court for bankruptcy.

Main services and stages of the procedure

The bankruptcy procedure of an individual (consumer bankruptcy) is a legal proceeding, the purpose of which is to maximally write off the debtor's debts or their partial repayment at the expense of available property with the simultaneous fair distribution of funds among all creditors. After the successful completion of the process, most of the debts of an individual can be canceled, which gives a chance for a new financial start.

The main stages of the bankruptcy procedure of an individual in Poland and the actions in which a specialized lawyer helps:

• Assessment of the situation and consultation. At the initial stage, the lawyer analyzes the financial condition of the debtor, finds out the reasons for insolvency and checks whether the situation complies with the requirements of the law.
• Preparation of the application and documents. A bankruptcy lawyer prepares a full package of documents for filing with the court. The application is accompanied by detailed information about the financial situation: a declaration of the debtor's income and property, a list of all creditors and debt amounts, a description of the circumstances that led to insolvency.
• Judicial review and representation of the debtor. After submitting the documents, the court analyzes the case and issues a ruling on the opening of bankruptcy proceedings. At this stage, a manager of the debtor's property and a judge-commissioner are appointed to oversee the process.
• The lawyer represents the interests of the debtor in court - prepares the necessary statements, explanations, objections, participates in court hearings. The lawyer also helps the debtor interact with creditors - for example, organizes and conducts creditors' meetings (if any are appointed), monitors the correctness of including creditors' claims in the register.
• Debt restructuring or liquidation of property. After the debtor is declared bankrupt, liquidation proceedings begin - the manager (trustee) makes an inventory of the debtor's property and, if necessary, sells it. The proceeds are used to partially repay debts in the order of priority determined by law. If the debtor does not have sufficient assets, the main result of the procedure is the write-off of debts.

Important! Some types of debts are not subject to write-off even after bankruptcy. In particular, these are alimony obligations, debts for compensation for harm to life and health, as well as other obligations that are inextricably linked to the debtor's person (for example, fines for criminal offenses). The presence of such debts means that even after the bankruptcy procedure is completed, they will have to be paid in full.

Polish law establishes clear deadlines and rules for this procedure. In order to provide debtors with a “second chance” without excessive delay, consumer bankruptcy in Poland currently lasts relatively short – usually 6–8 months. During this time, the court has time to issue a bankruptcy decision, appoint a payment plan (if there is income for partial repayment of debts) or immediately release the debtor from debts in the absence of prospects for their collection. The introduction of a simplified procedure in 2020 made the process faster, transparent and understandable for ordinary citizens.

The role of a lawyer and the benefits of qualified assistance

The bankruptcy procedure for an individual has many legal subtleties and formalities, so the participation of an experienced lawyer significantly increases the chances of a successful completion of the case. The role of a bankruptcy lawyer is to be your guide and defender throughout the process. Here are the key reasons why you should contact a qualified lawyer:

1. Correct compliance with the procedure, requirements and deadlines.
2. Protection of the debtor's rights throughout the bankruptcy process.
3. Individual strategy for each case and situation.
4. Minimization of negative consequences.

Turning to a professional bankruptcy lawyer for individuals is an investment in your financial future and peace of mind. The bankruptcy process in Poland, although it has become more accessible to debtors, still remains a complex legal mechanism. A qualified lawyer from the company "Prіkhodko and Partners" will help you confidently go through all the tests: collect the necessary documents, avoid typical mistakes, defend your rights before creditors and the court. As a result, you will receive legal relief from debts with the least possible losses.

If you need advice or assistance on personal bankruptcy in Poland, contact the law firm "Prikhodko & Partners" - we are ready to become your reliable partner and guide in a difficult financial situation. Thanks to the support of experienced lawyers, you will be able to start a life without debts and restore your financial stability quickly and legally.