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Insolvent will be open

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Companies facing restructuring or bankruptcy proceedings will be entered into the National Debtors Register (KRZ), which is due to be launched in February 2019. It will also include consumer bankruptcies, as well as people who are in arrears with maintenance.

According to the draft act on the KRZ, which the Ministry of Justice (MS) is currently consulting with other ministries and social organizations, including entrepreneurs, the future register is to be open to everyone. Interested parties will learn from it when the company filed an application to initiate restructuring proceedings, which court is handling the case, what is its reference number and who is the restructuring administrator. It will also be possible to find out the list of receivables, the composition of the bankruptcy estate and the creditor repayment plan.

Over the Internet

The draft law provides for the mandatory filing of pleadings and documents related to proceedings and their updates exclusively by electronic means. Also, court decisions will be published in the ICT system and there will be no postal delivery. This is intended to limit paper correspondence and shorten the time between the resolution of a case and its arrival at the addressee.

These procedures should improve the work of district courts and their commercial divisions conducting restructuring and bankruptcy proceedings, reduce their costs and speed up the processes of repairing companies. Courts and entrepreneurs will no longer be required to publish notices and announcements in the Court and Economic Monitor.

Despite many positive aspects of the announced mode of operation of the KRZ and its transparency, doubts arise as to the entry into one register on the same principles. companies in repair and dishonest debtors.

– Without any particularly clear distinction, it includes those who have not paid their debts for years and are running away from the bailiff, and those who, through no fault of their own, have fallen into debt and have been forced into bankruptcy. The same group will also include companies in during restructuring, which are, for example, only threatened with insolvency or even have entered into an arrangement with creditors and are repaying debts. This may stigmatize entrepreneurs again and make it difficult for them to obtain, for example, trade or bank loans for further development
– Małgorzata Anisimowicz points out, restructuring advisor at the PMR Restructuring law firm.
The material appeared in Gazeta Puls Biznesu:

21 September 2017:
" Insolvent will be open
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