Best Restructuring & Insolvency Lawyers in Poland

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Residence Angels

Residence Angels

15 minutes Free Consultation
Warsaw, Poland

Founded in 2023
9 people in their team
Polish
English
Ukrainian
Russian
Nepali
Hindi
Urdu
Belarusian
Residence Angels is your trusted partner to immigrate to Poland. We specialize in Polish TRC (Temporary Residence Card) under the new 2025 rules, Permanent Residence, Blue Card, Pole’s Card, and Polish citizenship. Whether you're moving to Poland from the USA, retiring in Poland, or wondering how...
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Founded in 1991
500 people in their team
Polish
English
ABOUT THE LAW FIRMSołtysiński Kawecki & Szlęzak law firm advises Polish and foreign clients on domestic and international business ventures and on litigation matters. Operating continuously since 1991 as an independent Polish company, we have gained one of the leading positions on the legal...

Founded in 2000
50 people in their team
Polish
English
We have been providing comprehensive services to entrepreneurs, individual clients and non-governmental organizations for over 25 years. We are a law firm based in Łódź with a nationwide reach. We help entrepreneurs in all aspects of their activity, we advise on EU projects, we deal with...
DZP - law firm
Warsaw, Poland

Founded in 1993
50 people in their team
Polish
English
In a complex market environment, comprehensive and effective solutions are essential. Access to information and knowledge bring real benefits only when your decisions are made taking into account many aspects and business nuances.This is what "more than the law" means to us. Our clients trust us...
Kancelaria Radcy Prawnego Marcin May
Bielany Wroclawskie, Poland

Founded in 2011
5 people in their team
Polish
English
The Law Firm of Legal Counsel Marcin May provides professional legal services to enterprises, public administration entities, as well as natural persons. The founder of the law firm is Legal Counsel Marcin May. The customer service office is located in a cozy area of ​​Popowice, and at the same...
Lawyer Agnieszka Moszczyńska
Bielany Wroclawskie, Poland

Founded in 2010
50 people in their team
Polish
English
WROCLAW LAW FIRMAgnieszka Moszczyńska Law Firm in Wrocław was founded in 2010. Its most important goal is to provide legal assistance to everyone who needs it, in a form and scope adapted to the client's situation.In order to meet the expectations of our Clients, over time the Law Firm has...

Founded in 2019
5 people in their team
Polish
English
Wojciech Kremer Kancelaria Radcy Prawnego provides professional legal services both for businesses and for individuals who do not conduct business activity. We specialize in civil law, company law, bankruptcy and restructuring law, as well as in court proceedings, and provide ongoing legal services...
Maciej Sota Law Office
Warsaw, Poland

Founded in 2006
50 people in their team
Polish
English
ABOUT USIntroductionThe Legal Office of Maciej Sota, Legal Counsel, was registered in 2006. It was established to provide comprehensive legal assistance to entrepreneurs, institutions and individuals. Our law firm has many years of experience on the market and practical knowledge in many areas of...
adwokat Wojciech Rudzki
Krakow, Poland

Founded in 2000
50 people in their team
Polish
English
attorney Wojciech RudzkiI am an advocate entered on the list of advocates kept by the District Bar Association in Krakow under the number KRA/Adw/3310. Krakow is the city where my law firm is based.Before I set up my own law firm in Krakow, I worked in reputable law firms and was also a corporate...
Kopeć & Zaborowski (KKZ)
Warsaw, Poland

Founded in 2015
200 people in their team
Polish
English
Kopeć & Zaborowski (KKZ) is one of the leading firms on the Polish legal market, which specializes in cases in the field of criminal law, economic law, press law, protection of personal rights and also in the field of labor law. In addition, KKZ conducts, on behalf of business entities,...
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About Restructuring & Insolvency Law in Poland

Restructuring and insolvency law in Poland governs situations where businesses or individuals are unable to meet their financial obligations. The modern framework encourages debtors and creditors to find solutions either by reorganizing the debtor's affairs or by conducting fair and orderly asset liquidations. The goal is to help viable businesses recover whenever possible, while providing transparent procedures for the distribution of assets when recovery is not possible. Polish law draws from both national legislation and relevant European Union regulations to ensure effective processes and creditor protection.

Why You May Need a Lawyer

Dealing with restructuring or insolvency can be complicated, stressful, and fraught with legal risks. Engaging a lawyer is crucial in several common situations:

  • You are a business owner facing mounting debts and are unsure whether restructuring or bankruptcy is the best option.
  • Your company is experiencing cash flow problems and needs to negotiate with creditors to prevent insolvency.
  • You are a creditor seeking to recover debts from an insolvent company or individual.
  • You require guidance on filing for bankruptcy or entering a formal restructuring procedure.
  • You suspect possible fraudulent activities or mismanagement by a debtor.
  • You need to protect your interests during insolvency proceedings, such as filing claims or contesting the actions of administrators.
  • You are interested in acquiring assets from insolvent estates and want to ensure the process is transparent and secure.
Hiring a lawyer specializing in restructuring and insolvency in Poland ensures your rights are protected and you follow the proper procedures, reducing the risk of legal complications and maximizing opportunities for recovery or relief.

Local Laws Overview

Key aspects of Polish restructuring and insolvency laws include:

  • Four Main Procedures: Polish law offers several formal procedures: arrangement approval, accelerated arrangement, arrangement procedure, and sanation (remedial) proceedings. Each is tailored to different levels of financial distress.
  • Bankruptcy Law: When restructuring is not viable, bankruptcy proceedings may be initiated for both individuals and companies. The Bankruptcy Law outlines the distribution of assets and the primary role of the insolvency trustee.
  • Prevention Focus: Restructuring is strongly encouraged prior to bankruptcy to help preserve economic value and save jobs.
  • Creditors' Rights: Creditors can participate directly in the proceedings, submit claims, and contest certain actions.
  • Management Obligations: Company management has a legal duty to file for bankruptcy within 30 days of becoming insolvent, which can trigger personal liability.
  • EU Regulations: Cross-border cases within the EU are subject to specific regulations ensuring recognition and coordination between member states.
  • Consumer Bankruptcy: Polish law also allows individuals not running a business to declare personal bankruptcy under certain conditions, offering a second chance to those overwhelmed by debts.
Navigating these complex laws often requires professional legal advice to avoid pitfalls and ensure all actions comply with statutory requirements.

Frequently Asked Questions

What is the difference between restructuring and bankruptcy in Poland?

Restructuring aims to restore the debtor's ability to pay debts, often through negotiated settlements or court-approved plans. Bankruptcy involves liquidating the debtor's assets to satisfy creditors, usually when restructuring is not possible.

How long does the restructuring or insolvency process typically take?

The duration varies depending on the chosen procedure and case complexity. Some arrangement approval processes may be completed in a few months, while full bankruptcy proceedings can last several years.

What are the obligations of a company's management in case of insolvency?

Management must file for bankruptcy or initiate restructuring proceedings within 30 days of becoming insolvent. Failure to do so can lead to personal liability for the company’s debts.

Can individuals file for bankruptcy in Poland?

Yes, individuals who are not entrepreneurs can file for consumer bankruptcy under specific conditions, allowing for debt discharge and a fresh financial start.

What happens to employees if a company undergoes restructuring or bankruptcy?

Employees’ claims, such as unpaid wages, have priority status. In many cases, special government funds may cover some claims if the company is insolvent.

How are creditors involved in the process?

Creditors may file claims, attend creditors' meetings, vote on restructuring plans, and monitor proceedings to protect their interests.

What is sanation, and when is it used?

Sanation is a remedial restructuring process intended for debtors in significant financial distress. It allows for court-supervised management and deep reorganization, potentially including asset sales or renegotiation of contracts.

Do restructuring proceedings protect the debtor from enforcement actions?

Yes, most restructuring and bankruptcy proceedings generally suspend enforcement actions against the debtor, giving them breathing room to negotiate or reorganize.

Can a creditor force a debtor into bankruptcy?

If a debtor is insolvent, creditors have the right to petition the court to initiate bankruptcy, provided certain criteria are met.

What are the costs of starting restructuring or insolvency proceedings?

Costs include court fees, professional advisers, and potential payments to trustees or administrators. Legal consultation is recommended to estimate specific fees for your case.

Additional Resources

If you are dealing with restructuring or insolvency issues in Poland, consider consulting the following organizations and resources:

  • Ministry of Justice (Ministerstwo Sprawiedliwości): Oversees restructuring and bankruptcy courts, and offers guidance on legal procedures.
  • Central Register of Restructuring and Bankruptcy (KRZ): Official platform providing information on ongoing and closed proceedings.
  • National Chamber of Restructuring Advisors (Krajowa Izba Doradców Restrukturyzacyjnych): Professional self-government for licensed restructuring advisors.
  • Consumer Advocacy Groups: Offer assistance for individuals considering consumer bankruptcy.
  • Qualified Law Firms: Many law firms specialize in restructuring and insolvency, providing both legal advice and representation in court.

Next Steps

If you believe you require legal help with restructuring or insolvency, take the following steps:

  • Carefully document your financial situation, including assets, liabilities, contracts, and correspondence with creditors.
  • Research and contact a lawyer or restructuring advisor experienced in Polish insolvency law.
  • Prepare a list of questions and concerns to discuss at your initial consultation.
  • Remain proactive in addressing your debt issues to maximize available options and protect your interests.
  • Stay informed by following updates on Polish restructuring and insolvency laws, especially if your situation involves cross-border issues.
Remember, early intervention and professional guidance can make a significant difference in the outcome of restructuring or insolvency proceedings in Poland.

Lawzana helps you find the best lawyers and law firms in Poland through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Restructuring & Insolvency, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Poland - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.