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;
2. Other requirements result from Polish bankruptcy law – and in particular Articles 240 and 426-441.
3. The Bankruptcy Court is not allowed to provide legal assistance and answering potential questions or concerns.
4. Bankruptcy creditors comprise of personal creditors holding pecuniary liabilities towards the debtor (bankrupt) at the moment of declaration of bankruptcy.
5. The lodgement of claims, should consist:
- the name, postal address, e-mail address, if any, personal identification number, if any, and bank details of the foreign creditor referred to in paragraph 1;
- the amount of the claim, specifying the principal and, where applicable, interest and the date on which it arose and the date on which it became due, if different;
- if interest is claimed, the interest rate, whether the interest is of a legal or contractual nature, the period of time for which the interest is claimed and the capitalised amount of interest;
- if costs incurred in asserting the claim prior to the opening of proceedings are claimed, the amount and the details of those costs;
- the nature of the claim;
- whether any preferential creditor status is claimed and the basis of such a claim;
- whether security in rem or a reservation of title is alleged in respect of the claim and if so, what assets are covered by the security interest being invoked, the date on which the security was granted and, where the security has been registered, the registration number; and
- whether any set-off is claimed and, if so, the amounts of the mutual claims existing on the date when insolvency proceedings were opened, the date on which they arose and the amount net of set-off claimed.
6. Claims should not be lodged to the Bankruptcy Court, but to the Trustee in the following ways:
- Within electronic form to the Trustee via National Debtors Register (Krajowy Rejestr Zadłużonych);
- Via the lodgement of claims form, subject to Commission Implementing Regulation (EU) 2017/1105 of 12 June 2017 establishing the forms referred to in Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings, available to download here. When lodging in this way, the creditor may use any EU official language, however the trustee may require sworn translation to the Polish language. In all cases, the document (form) should be entitled „ZGŁOSZENIE WIERZYTELNOŚCI” (i.e. lodgement of claims in Polish).
7. The trustee will accept also other written lodgement of claims on different template or without the form as indicated above, however in such case, the document should consist of all information provided in Point 5 a – h above, thus the trustee recommends to use the form.
8. Lodgement of claims should be accompanied with document supporting and proving the lodged claim.
Authors: Paweł Kuglarz; Mateusz Kaliński