Consumer bankruptcy is an important tool for individuals who do not run a business and who have found themselves in a difficult financial situation. The purpose of this mechanism is to enable debtors to start a new life without financial burdens, by writing off some or all of their debts. However, in practice, the question arises: is it possible for the same person to declare consumer bankruptcy again? The answer to this question requires an analysis of the current provisions of bankruptcy law...

Considering the subject of inheritance in bankruptcy proceedings requires paying attention to how the law regulates inheritance issues in general. It should be noted at the very beginning that, although there is no legal definition of inheritance, based on the provisions of the Civil Code, it can be stated with some simplification that it refers to all property rights and obligations of the testator, which upon his death are transferred to the heirs, in accordance with Article 922 of the Civil Code. List...

The family foundation is a relatively new creation, and therefore representatives of legal science and practice have not yet faced all the problems that the functioning of this institution in the changing conditions of legal transactions entails. However, courts and tax administration bodies are gradually beginning to develop solutions to some problems. This article is the first in a series of texts from which you will learn about the most important court rulings, tax interpretations...

The private investor test, or a few words about public financing in restructuring in the context of public aid and the assessment of the effectiveness of public investments. The involvement of public funds in "undisturbed" market activities always carries a risk related to the selectivity of support and the distortion of competition by favoring certain enterprises. The basic definition of public aid can be found in Article 107 paragraph 1 of the Treaty on the Functioning of the European Union...

In response to numerous signals from entrepreneurs and the position of the Ombudsman for Small and Medium-Sized Enterprises, the Ministry of Justice has announced significant changes aimed at streamlining the registration process of family foundations. These foundations, introduced to the Polish legal system in 2023, were to be a modern tool facilitating intergenerational succession and protection of family assets. In practice, however, many interested parties have encountered significant procedural problems....

Restructuring proceedings are a complex process aimed at restoring the debtor's operational and financial capacity and protecting the interests of creditors. The key role in this process is played by the judge-commissioner, who supervises the course of the proceedings, decides on important procedural issues and ensures a balance of interests of all parties. This article aims to present the role, competences and duties of the judge-commissioner in the individual stages of restructuring proceedings, taking into account...

The bankruptcy process in the Polish legal system is a procedure aimed at satisfying the claims of creditors and organizing the financial situation of the debtor. Liquidation of the bankruptcy estate is one of the key elements of this process, as we mentioned in one of the previous articles. The course of the bankruptcy estate liquidation depends to a large extent on the activity of the creditors and the role of the Judge-Commissioner. In this article, we will discuss how these two parties affect the implementation of the asset liquidation process...

A family foundation is a legal entity created to protect family assets and ensure their smooth transfer to future generations. In Poland, family foundations are taxpayers of corporate income tax (CIT) and, as a rule, benefit from the entity exemption. However, in certain situations, such as the payment of so-called hidden profits, the foundation is obliged to pay 15% CIT. What benefits are considered hidden profits and what tax obligations accompany their transfer?...

Declaring bankruptcy is one of the most serious solutions in a situation where an entrepreneur, consumer or company is unable to meet financial obligations. This process allows for the organization of the financial situation from the perspective of both the debtor and the creditors. However, making the decision to declare bankruptcy and going through the entire process requires understanding the rules, regulations and procedures that govern this legal institution. In this article, we will discuss in detail what bankruptcy is,...

PIT tax in a family foundation – what you need to know? A family foundation is a relatively new solution in the Polish legal system, which has gained popularity as a way to secure assets and their succession. In the previous article, we pointed out the preferential rules for CIT taxation, it is worth paying attention to the issues of personal income tax (PIT) on the side of the foundation's beneficiaries. What tax obligations are incumbent on people receiving benefits from a family foundation?...