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Deadline for filing bankruptcy petitions from 1 July 2023

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​by Karolina Sieraczek

10 July 2023


As a reminder: the state of epidemic emergency does not apply in Poland starting from 1 July 2023. This means that the suspended time limits for e.g. filing bankruptcy petitions start to run or are resumed. 

COVID-related regulations


During the COVID-19 pandemic the statutory period for filing a bankruptcy petition did not start, and the one started was interrupted, if the debtor's insolvency arose during this period due to COVID-19.
 

Deadlines for filing a petition 


Enterprises being still at risk of insolvency should review their situation taking into account the fact that they now have 30 days to file for bankruptcy. If the circumstances of insolvency already arose during the course of the pandemic and are closely related to the COVID-19 pandemic, the deadline for filing a petition will be counted from 1 July 2023. 

In other cases, the statutory time limit should be counted from the date on which the grounds for declaring bankruptcy arose. 

Penalties


Failure to file for bankruptcy not only entails sanctions under civil and administrative law, but also criminal sanctions. Representatives of business entities expose themselves to far-reaching consequences that may affect their assets and themselves if they fail to fulfil their obligations on time. The regulations provide for, among other things: 

  • liability for company’s obligations with all own assets, 
  • ban on conducting business activity,
  • prohibition to act as a representative or an attorney of a commercial company. 

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Karolina Sieraczek

Attorney at law (Poland)

Associate Partner

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