Best Bankruptcy & Debt Lawyers in Gdańsk

About Bankruptcy & Debt Law in Gdańsk, Poland:

Bankruptcy and Debt Law in Gdańsk, Poland is largely guided by the national Polish Bankruptcy Law. This law has both a rehabilitation aspect, which aims at rescuing financially distressed businesses, and a liquidation aspect, which aims at the disposal of the bankrupt's assets to satisfy the claims of creditors. The law determines who can file for bankruptcy, the conditions for declaring bankruptcy, as well as the rights and obligations of the bankrupt and their creditors.

Why You May Need a Lawyer:

Dealing with bankruptcy and debt can be a complex and challenging process. You may need a lawyer if you're facing overwhelming debt, considering filing for bankruptcy, facing a bankruptcy lawsuit, or need help structuring a debt repayment plan. A knowledgeable attorney can help you understand your rights and options, provide advice on the best course of action, and represent your interests in court or during negotiations with creditors. They can also help protect your assets and ensure your legal and financial interests are adequately protected.

Local Laws Overview:

The key aspects of bankruptcy and debt law that are particularly relevant in Gdańsk, Poland include the criteria for bankruptcy, the bankruptcy procedures, and the provisions for debt forgiveness or restructuring. In Poland, both individuals and companies can file for bankruptcy if they're insolvent or over-indebted, but they must meet certain conditions. The bankruptcy procedures include filing a bankruptcy petition, appointment of a receiver or administrator, and liquidation or restructuring of the debtor's assets. In case of a successful restructuring, the debtor may receive debt forgiveness or a reduction of their debt.

Frequently Asked Questions:

1. Who can file for bankruptcy in Gdańsk, Poland?

Both individuals and companies who are unable to pay their debts as they become due can file for bankruptcy. However, they must meet certain conditions such as proving their insolvency or over-indebtedness.

2. How do I apply for bankruptcy?

You will need to submit a bankruptcy petition to the court. This should include the reason for your bankruptcy, a list of your assets and debts, and a proposal for either liquidating your assets or restructuring your debts.

3. What happens after filing for bankruptcy?

After filing, the court will appoint a receiver or administrator who will take control of your assets and oversee their liquidation or restructuring. Your creditors will be invited to submit their claims, and these will be satisfied from the proceedings of the asset’s sale or as part of the restructuring plan.

4. Can bankruptcy be avoided?

In some cases, yes. If you are struggling with debt, it may be possible to negotiate a payment plan with your creditors or to apply for debt relief. A lawyer can provide advice on these and other options.

5. How can a lawyer help in the process?

A lawyer can guide you through the bankruptcy process, represent you in court, negotiate with creditors, and ensure your rights are protected. They can also help you understand the law and provide advice on the best course of action.

Additional Resources:

The District Court in Gdańsk is responsible for handling bankruptcy cases in the city. The National Debt Register (KRD) and the Polish Financial Supervision Authority (KNF) can provide additional information and resources related to bankruptcy and debt. Legal aid organizations and debt counseling services may also be available to provide support.

Next Steps:

If you need legal assistance regarding bankruptcy or debt, you should consult with a lawyer who specializes in these matters. Before meeting with a lawyer, prepare all relevant financial documents such as a list of debts and assets, income statements, and information about your financial transactions. It's also important to come up with a list of questions you have about the process. Where possible, consider reaching out to debt counseling services for additional support.