New amendments to Polish bankruptcy law were recently introduced through the so-called Shield 2.0 legislation. According to the Insolvency Law Act, an insolvency motion must be submitted within 30 days from the day on which the grounds to declare bankruptcy occurred.

Shield 2.0 sets out exceptions from this principle, provided that two conditions are met:

Bankruptcy and restructuring law in Poland is undergoing considerable modernisation, as demonstrated by the following:

After two years of lockdowns, Poland, like many other countries, is feeling the significant economic impact of Covid-19.

With the conflict in Ukraine, there is a risk that this economic turbulence will be magnified. Signs of uncertain times ahead include rising inflation and climbing interest rates. These are problems which will take time and effort to resolve. The government and parliament are proposing changes to legislation aimed at helping companies and entrepreneurs to conduct business “as usual” and to take the edge off the harsh realities.

The National Debtors Register (Krajowy Rejestr Zadłużonych “KRZ”) began operating in Poland in July 2021.

The KRZ is a new valuable tool providing, among other things, information on debtors. It is a statewide, public register and can be accessed by any person who has the debtor's PESEL (Polish national identification number) or NIP (Polish taxpayer's identification number) or the file reference number of the debtor's case.

In June 2020, the "Anti-Crisis Shield 4.0" introduced a simplified form of restructuring proceeding into Polish law. This modified version of the procedure ushered in significant improvements for debtors, including a moratorium on enforcement action and four months to seek the consent of creditors to restructuring proposals, and to seek the approval of the arrangement with the court.

Revised Russian Bankruptcy Regulations

On 9 October 2009, a three-judge panel of the Supreme Court issued a judgment (file no. IV CSK 145/09), in which it ruled that the Polish legal system provides for the possibility to secure claims under a parallel debt (created under foreign law).

Facts of the case

In November 2008, the European Commission (EC) found state aid granted by the Polish government to two Polish state-controlled shipyards (Stocznia Szczecinska Nowa and Stocznia Gdynia), illegal under EU single market rules and requested its return to the government with accrued interest. The EC decided however to postpone the enforcement of the return of state aid for seven months until 6 June 2009 to allow for the prior public sale of the shipyards’ assets at market price.