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Personal bankruptcy of Polish Debtor – Submitting claims towards the Polish Court

In case your Polish debtor went bankrupted you have to submit your claim before a Polish insolvency court inside the period prescribed within the personal bankruptcy ruling. If you can’t do this you’ll lose the potential of recovery it later on. Our lawyers help foreign creditors while drafting, filling and supporting the claim prior to the insolvency court.

In case your Polish debtor declared personal bankruptcy, you have to submit your claim before a Polish personal bankruptcy court, if you can’t do that, you’ll lose the potential of recovery later on.

The process of reporting claims in personal bankruptcy of the Polish company (entrepreneur) are controlled through the Polish Personal bankruptcy and Reorganization Law of 28 Feb 2003.

Polish personal bankruptcy court issuing the conclusion on personal bankruptcy of the organization calls the creditors to lodge the claims inside the prescribed period, not shorter than a single month and never more than three several weeks.

If you haven’t received the phone call, call us immediately.

Submission of claims within the Polish personal bankruptcy proceedings is recognized as a kind of debt recovery supplied by what the law states. Failure to report the claim leads to lack of the options to fulfill it from personal bankruptcy assets. Each creditor must report the claim that they can the Polish personal bankruptcy court. Only creditors whose claims are guaranteed around the assets from the bankrupt (through the lien, pledge or mortgage) is going to be placed out there instantly – ex office. However, it’s almost a guide they also submit their states the personal bankruptcy court, to not lose their chance to recuperate your debt.

Submission of claims ought to be considered as a kind of pursing it under court proceedings, and also the approval from the listing of claims – because the decision (court judgement). Submitting of claim interrupts the limitation duration of the claim.

The claim ought to be produced in writing in 2 copies. Regrettably, the Polish law is extremely formalized and poses numerous specific needs. Fulfillment from the legal requirement is often very complicated. Lodgement from the claim not ending up in needs is going to be rejected through the court and won’t have legal effect.

Generally, the ligament might be also made after expiry from the submission period. A legal court will need the creditor to pay for additional costs caused by the late submission whatever the reason of delay. These extra costs include, particularly the expense of taking evidence, the expense of notices, the expense from the appeal. However, when the lodgement occurs after approval from the final plan from the division from the personal bankruptcy funds, the claim is going to be rejected. (Article 252 paragraph 2, personal bankruptcy and reorganization law).