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Restructuring - experts' fears proved true

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Corporate and consumer cases are dragging on in the insolvency courts. And it has been proposed that the latter should go to other judicial units.

It will soon be two years since the restructuring law and the amended insolvency law came into force. Already in April, restructuring law experts signalled that the new provisions were not working as expected. It is now apparent that the flaws are serious and - to make matters worse - there is still no real prospect of their removal.

One of the biggest problems is that consumer bankruptcies are handled by the bankruptcy courts, which severely limits their efficiency.

Another problem is that there is still no Central Register Restructuring and Bankruptcy, servicing the court and contact with all parties to the restructuring proceedings. What is worse, there are no visible prospects for its establishment.

The issue of the lack of financing of entities undergoing restructuring. — It is very difficult to obtain money for restructuring proceedings. Lack of funds for current operations is a standard reason for write-off sanitation proceedings.

And without money, it is difficult for sanitation to succeed.

- Imagine we have a world-class racehorse and we want him to win an important race for us so that we can recover our claims. We know that the horse has potential and if he wins, we will win too. Unfortunately, by not investing money or even putting him in the races, we cross out any chance of success. Additional financing for a company in crisis is fraught with significant risk, but that is why loans and credits granted in the course of restructuring proceedings are privileged by the provisions of the law
— explains Małgorzata Anisimowicz, president of PMR Restructuring.

However, it is important to remember that no one was counting on the rapid, spectacular success of the Restructuring Act. The changes are far-reaching and the whole market needs time to get used to them.

- We are dealing with new tools that many participants in restructuring proceedings are not yet familiar with. These provisions are just beginning to live
— says Małgorzata Anisimimowicz. — However, there was also a lack of appropriate education at the stage of creating the law.

The material appeared on pb.pl:

10 December 2017:
" Restructuring to be urgently revised
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PMR team

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