Rada wierzycieli stanowi jeden z kluczowych organów w postępowaniu upadłościowym, pełniąc funkcje nadzorcze, doradcze oraz kontrolne. Jej ustanowienie i działalność są ściśle regulowane przepisami ustawy z dnia 28 lutego 2003 r. – Prawo upadłościowe (Dz.U. z 2024 r. poz. 794, dalej: „PrUpad”). Poniższy artykuł, przygotowany z perspektywy eksperta w dziedzinie prawa upadłościowego, ma na celu szczegółowe omówienie roli, kompetencji oraz procedur związanych z radą wierzycieli. Spis Treści: Kilka słów...

Bankruptcy tourism in Poland: where are the courts operating the fastest? Bankruptcy proceedings in Poland are an important element of the legal system, enabling individuals and entrepreneurs to get out of a difficult financial situation. Bankruptcy proceedings are not only becoming increasingly popular, but also vary in terms of duration and effectiveness depending on the region. Although this procedure is unified by the provisions of bankruptcy law, in practice its course and length vary significantly...

In an era of dynamic economic changes and an increase in the number of restructuring proceedings, the importance of effective risk management tools is growing. This article analyzes the role of early warning systems in companies and the justification for engaging restructuring advisors already at the stage of crisis prevention. By comparing economic theory with the practice of financial audits, we indicate the key determinants of insolvency and recommend specific corrective actions. Table of Contents: A few words...

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 at the moment of his death are transferred to the heirs, in accordance with Article 922 of the Civil Code. ...

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...