Best Bankruptcy Lawyers in Gdańsk

About Bankruptcy Law in Gdańsk, Poland

Bankruptcy is a legal process that allows individuals or businesses in financial distress to find relief from overwhelming debt and establish a fresh start. In Gdańsk, Poland, bankruptcy proceedings are governed by specific laws and regulations.

Why You May Need a Lawyer

While it is possible to file for bankruptcy without legal representation, having a lawyer can greatly benefit you throughout the process. An experienced bankruptcy attorney can provide guidance, ensure your rights are protected, and help you navigate the complex legal procedures involved in bankruptcy.

Common situations where you may require a lawyer for bankruptcy include:

• Understanding your eligibility for bankruptcy and determining the most suitable type of bankruptcy to pursue.
• Guidance on organizing and assessing your financial situation to provide accurate information for filing.
• Representation during negotiations with creditors to reach favorable agreements for repayment or debt discharge.
• Legal protection against any harassment or unfair treatment by creditors during the bankruptcy process.
• Assistance in preparing and filing the necessary documentation and meeting all deadlines.

Local Laws Overview

The following key aspects of local laws in Gdańsk, Poland are particularly relevant to bankruptcy:

• Bankruptcy proceedings in Gdańsk are primarily regulated by the Polish Bankruptcy and Recovery Law.
• There are two main types of bankruptcy procedures: liquidation (liquidacja) and restructuring (sanacja).
• Liquidation bankruptcy involves the sale of assets to repay creditors, while restructuring bankruptcy aims to rehabilitate the debtor's financial situation to allow for continued operation.
• Before filing for bankruptcy, individuals are required to participate in credit counseling sessions provided by registered advisors.
• During bankruptcy proceedings, the court appoints a trustee (syndyk) responsible for overseeing the process and distributing the debtor's assets according to legal priorities.

Frequently Asked Questions

1. Can I keep any assets if I file for bankruptcy?

It depends on the type of bankruptcy and the specific circumstances. In liquidation bankruptcy, your assets may be sold to pay off creditors. However, certain exemptions may apply, allowing you to retain necessary items like a home or tools of your trade. In restructuring bankruptcy, you aim to preserve your assets while reorganizing your debts.

2. Will bankruptcy discharge all of my debts?

Bankruptcy can discharge many types of debts, but not all. Debts related to fraud, alimony, child support, or certain taxes, for example, are generally not dischargeable. It is essential to consult with a lawyer to assess which debts can be discharged in your specific case.

3. Will bankruptcy ruin my credit forever?

Bankruptcy will have a negative impact on your credit in the short term. However, it is possible to rebuild your credit over time. With responsible financial behavior and a strategic approach, you can gradually improve your credit score and regain financial stability.

4. Can creditors continue collection efforts after I file for bankruptcy?

Upon filing for bankruptcy, an automatic stay goes into effect, which prevents most creditors from continuing their collection efforts. This includes halting lawsuits, wage garnishments, and phone calls demanding payment. However, certain actions, such as child support collection, criminal proceedings, or secured loans, may be exempt from the automatic stay.

5. Is bankruptcy a public record?

Yes, bankruptcy filings are typically public records. However, the average person is unlikely to come across this information unless they specifically search for it. Employers, on the other hand, may discover your bankruptcy filing during a background check.

Additional Resources

If you need more information or assistance regarding bankruptcy in Gdańsk, Poland, consider reaching out to the following resources:

• Gdańsk Bar Association (Polska Izba Radców Prawnych - Okręgowa Izba Radców Prawnych w Gdańsku)
• Gdańsk Court (Sąd Rejonowy w Gdańsku)
• Polish Financial Ombudsman (Rzecznik Finansowy)

Next Steps

If you require legal assistance in bankruptcy, follow these steps:

1. Research and shortlist bankruptcy lawyers in Gdańsk.
2. Schedule consultations with selected lawyers to discuss your case.
3. Ensure the lawyer has experience in bankruptcy law and understands Gdańsk's local regulations.
4. Provide the lawyer with all relevant financial documentation and be prepared to answer questions about your situation.
5. Discuss the lawyer's fees and any potential payment plans.
6. Select a lawyer who you feel comfortable working with and who demonstrates knowledge and understanding of your case.
7. Proceed with hiring the lawyer and follow their guidance throughout the bankruptcy process.