For individuals

Consumer bankruptcy

Consumer bankruptcy is a legal solution offered by bankruptcy law that allows non-business individuals to get out of debt.

The legal instrument of consumer bankruptcy was introduced in 2009, since then it has been modified several times under successive laws. Amendments to the Act have led to a situation in which interest in consumer bankruptcy has increased significantly between 2014 and 2020. Currently, despite the introduction of certain restrictions on complete debt relief, consumer bankruptcy in Poland enjoys unwavering popularity. A skilfully conducted debt relief process results in a significant reduction of debts and their partial cancellation, and in the case of persons permanently unable to make any repayments under a creditor repayment plan – even complete cancellation of debts.

Ask our advocate and lawyer: who can file for consumer bankruptcy?

The basic condition for the declaration of bankruptcy of a natural person is to prove that the debtor has become insolvent. However, if the bankrupt individual caused their insolvency or significantly increased its degree in a deliberate manner, in particular, by squandering parts of his assets and deliberate failure to settle due liabilities, the main aim of bankruptcy – which is debt relief for the person in question – may not be achieved.

Therefore, in order for the court to decide on debt relief, the reasons for the insolvency must be random in nature and cannot be the result of dishonesty or gross negligence. In practice this means that we can hope for debt relief in situations where the debts were caused by:

– difficult family situation,

– severe illness,

– permanent loss of employment.

Bankruptcy law vs consumer bankruptcy: how to proceed?

When preparing to file a consumer bankruptcy petition, it is a good idea to cooperate with a reliable law firm. A good advocate will tell you how to properly select the documents and how to fill in the petition, and how to formulate the justification to expect its positive consideration. Within the framework of bankruptcy cases, we are responsible for drawing up the petition, completing the necessary documentation, representation in contacts with the trustee and before the competent court, and also ongoing monitoring of the case. We have successfully completed dozens of bankruptcy proceedings all over the country.

What should a consumer bankruptcy petition include?

A very important element of the application submitted to the court is meeting the statutory requirements for debt relief already at the stage of formulating the grounds. We should describe the situation that led to the insolvency, placing particular emphasis on the circumstances that are important from the point of view of partial or total debt relief. When submitting an application, we are also required to identify and value current assets, list existing liabilities and creditors. Since the pressure of creditor activity is not conducive to effective action, it is important to skilfully select documents that will confirm the described circumstances.

An experienced bankruptcy advocate will certainly be able to advise you on how to properly prepare your petition and select the appropriate documents for it.

Bankruptcy law: consumer bankruptcy – professional services countrywide

Our firm has delivered the benefit of debt relief in many cases conducted throughout Poland. We represent our clients at every stage of the case – at the stage leading to the declaration of bankruptcy of a natural person, as well as in liquidation proceedings, up to the stage of debt relief. Our services in this area include

1. debt status analysis,

2. advice on obtaining the proper documentation to file a successful bankruptcy petition,

3. providing representation in enforcement proceedings, contacts with bailiffs,

4. providing representation to the court,

5. preparation of a consumer bankruptcy petition and all necessary letters and applications at each stage of the proceedings,

6. contacting and monitoring the actions of the trustee,

7. ongoing monitoring of the case.

Bankruptcy law is one of the specializations developed by our firm. We operate on the basis of applicable laws, at the same time offering our clients the possibility to implement effective legal solutions at every stage of the debt relief process. Thanks to our experience and numerous conducted proceedings, in each case we recommend to our clients the best solutions in their situation and we make every effort to achieve the assumed objectives. We invite you to contact us – we will analyse all the relevant circumstances and documentation, take on the burden of a number of formalities and watch over the course of the procedure. We remain at your disposal should you have any questions or doubts as to how consumer bankruptcy works and how an advocate can help you in the process. We operate not only in Warsaw – we welcome clients from all over Poland.

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Kamil Jurczewski
Martyna B. Szczygielska
Prof. Marcin Jurgilewicz, Ph.D.
Wojciech Kępka-Mariański
Magdalena Nowosadzka