New draft bill implementing EU Restructuring Directive in Poland – still under consultation
On Friday 18th October Polish government published yet another draft of implementation of the Restructuring Directive (“Draft”).
EU Restructuring Directive in Poland What should be changed / amended and in what scope?
The so-called EU Restructuring Directive, known also as Second Chance Directive is still within implementation procedure in Poland – currently within government level and stage.
EU Restructuring Directive in Poland Direct effect due to non-timely implementation?
The so-called EU Restructuring Directive, known also as Second Chance Directive is still within implementation procedure in Poland. The EU law, especially ECJ judgements provided an option for a direct effect of directives, so as to motivate Member States to timely implement EU directives Conditions that are need to be met to use the …
European actio pauliana – remarks in line with the EC Harmonization Directive Proposal
Proposal for a directive harmonizing certain aspects of insolvency law has been published on 07/12/2022 on the European Commission’s website, currently Proposal is discussed within the EC, after submitting certain statements of organizations involved in legislative process.
Proposal for a brand new EU Directive harmonizing insolvency law – what can be changed?
Currently Proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of insolvency law (document COM(2022) 702 final of 7.12.2022) is under European Union legislation proceedings.
LODGEMENT OF CLAIMS INFORMATION IN POLAND
For foreign creditors Upon declaration of bankruptcy, creditors should lodge their claims to the trustee. Incorrect lodgements may be proceeded, but with delays. Thus, in order to protect their own interests, creditors should pay attention to the information below and within lodgement of claims;
New EC Proposal for a Directive harmonizing certain aspects of insolvency law
In December 2022, the European Commission presented a draft Proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of insolvency law , opening discussions on some of the potential changes into national laws, together with the remarks and positions towards the Proposal.
Who is qualified restructuring advisor (insolvency practitioner) and why it is important?
Under Polish law, to carry on bankruptcy and restructuring proceedings as an insolvency practitioner (or court supervisor) you need to have publicly granted licence – after passing state exam and proving relevant experience within restructuring & insolvency field.