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.
— 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.
— says Małgorzata Anisimimowicz. — However, there was also a lack of appropriate education at the stage of creating the law.