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Restructuring plan – what is it and what does it contain?
As Terry Pratchett wrote, “If you have a Plan, you are halfway there.” Projecting intentions and actions within a “healthy” business allows for time optimization, improves management efficiency and streamlines processes. As practice shows, it is also crucial for crisis management, which is why a restructuring plan is a fundamental document in restructuring proceedings as well. Table of contents: What is a restructuring plan? What are the types of...
What is consumer bankruptcy?
Consumer bankruptcy is a court proceeding intended for individuals who do not conduct business activity and have become insolvent. Consumer bankruptcy allows individuals to discharge their debts and have a new chance to build their personal, family and professional life. What is consumer bankruptcy? What does consumer bankruptcy provide? Who can declare consumer bankruptcy? Who cannot...
Termination of marital property community and its impact on bankruptcy proceedings
Table of Contents Introduction Termination of community of property based on a court decision Termination of community of property as a result of divorce Termination of community of property based on an agreement Conclusion Introduction Is a wife liable for her husband's debts or a husband for the debts incurred by his wife? The answer is not clear and easy to give. The financial situation of spouses is undoubtedly influenced by the existence of community of property or its...
Consumer bankruptcy – what to do?
Table of contents: 1. What is consumer bankruptcy? 2. What documents should be prepared to file a petition for consumer bankruptcy? 3. What does the procedure before the Court look like in a case for the declaration of consumer bankruptcy? 4. What does the procedure before the Trustee look like after the declaration of consumer bankruptcy? 5. What receivables are subject to write-off...
Consumer bankruptcy – How long does the procedure take?
Consumer bankruptcy is definitely becoming more and more popular among people with financial problems. A large group of such people wonder whether they can declare bankruptcy without any assets and how long such proceedings will take. Table of Contents: Consumer bankruptcy - what is it Who can declare consumer bankruptcy How long does bankruptcy proceedings last How to open proceedings...
Arrangement proposals – the most important document in restructuring proceedings
Arrangement proposals are definitely the most important document in restructuring proceedings, being both an offer and a promise that the entrepreneur makes to his creditors. Properly prepared, realistic and feasible arrangement proposals are the key to success in restructuring proceedings, because they can help to keep the company on the market and secure the redistribution of funds as part of the implementation of the arrangement, securing the protection of the legitimate rights of creditors. In this...
Court supervisor in restructuring proceedings
According to the Restructuring Law, the primary objective of the proceedings is to avoid bankruptcy. During the restructuring proceedings, the debtor and the out-of-court body carry out a number of activities aimed at improving the economic situation of the debtor's enterprise so that it can continue to operate in economic circulation. The following types of restructuring proceedings are distinguished: Arrangement approval proceedings Arrangement proceedings Accelerated arrangement proceedings Arrangement proceedings...
Highlights of tax liabilities and arrears - what are they? how to check them? what can be done about them?
Benjamin Franklin in a letter to Jean-Baptiste Leroy in 1789 wrote the famous sentence "In this world, nothing is certain but death and taxes", which has not lost its relevance to this day, and the inevitability of taxes is becoming a problem for many people. Data from the Ministry of Finance show that the tax arrears of Poles in 2023 exceeded PLN 115 billion, of which as much as PLN 81 % are arrears for the VAT tax, so they concern entrepreneurs to the greatest extent. In this article, we present the most important...
Arrangement modification proceedings
Arrangement change proceedings The subject related to the long-term projection of restructuring plans has met with great interest from our clients. It is worth emphasizing that the arrangement designed in the restructuring proceedings is not the final structure - it opens the way for entrepreneurs to further modifications when the financial conditions change. Our observations show that not all entrepreneurs who are in the process of implementing the arrangement are fully aware of this solution...
Proceedings for the modification of the arrangement Part 3
A View from the Creditor's Perspective We present to you another part of the considerations concerning the change of the arrangement, this time making a bow towards the creditors, who are the most important participants in the proceedings, because the fate of the change of the arrangement proceeded in the proceedings and often also the further existence of the debtor rests in their hands. Statistically, most proceedings for the change of the arrangement are initiated as a result of a decrease in the income from the debtor's enterprise in order to obtain the approval of the creditors...
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