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How to convince creditors to wait

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More than two years have passed since the introduction of key changes to restructuring and bankruptcy law in Poland. Has the mentality of Polish businessmen changed significantly during this time? Are we more effective in saving Polish companies from bankruptcy? creditors are still the first to benefit from aggressive debt collection, or is dialogue with the debtor an increasingly common alternative? Analysis by restructuring advisors PMR Restrukturyzacje SA.

According to the data from the Central Economic Information Centre, the number of bankrupt companies is decreasing year by year, while the number of those undergoing restructuring is increasing. Thus, in 2014, 888 companies went bankrupt, in 2015 750, in 2016 606, and in 2017 only 591. Restructuring proceedings, which have been in operation for only two years, were 212 in 2016 and 348 in 2017, respectively. These numbers show actual changes in the functioning of companies. As restructuring advisors explain, real changes are behind the numbers mentality of business partners, institutions and market regulators, as well as the increasingly widespread use of recently available company rescue tools.

Creditor behaviour - the Polish plague

Aggressive debt collection activities are still the primary method of debt recovery in Polish conditions. Unfortunately, it is very often these actions that lead to the bankruptcy of companies. How does this happen?

– It often happens that creditors, and not necessarily the main ones, do not want to hold talks and start debt collection activities, which are largely focused on the seizure of bank accounts and future receivables by bailiffs. In the case of trading or service companies, this very often leads to a complete loss of liquidity and often a profitable company with temporary problems has no chance to run a business and generate revenue to repay their receivables
– says Małgorzata Anisimowicz, president of PMR Restrukturyzacje SA and an experienced restructuring advisor.
- Often, the loss of liquidity is caused, for example, by the fact that another creditor has not paid for goods or services," adds Małgorzata Anisimowicz.

There are cases when, for example, one of the machines from the technological line is sold through bailiff's execution, which does not represent a significant value on its own, and its sale allows only partial satisfaction of one creditor. Such debt collection entails the inability to repay the remaining creditors.

The material appeared on forumfirm.co.uk:

27 March 2018:
" How to convince creditors to wait, or even help the debtor
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PMR team

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