It has been just over a year since the introduction of Poland's new electronic insolvency procedure. The new procedure, introduced on 1 December 2021, is generally conducted via an online platform, the National Debtors’ Register, and has brought about a revolutionary change to Polish insolvency procedure.

Positive developments

• Faster access to the court - Documents filed on the online platform are instantly disclosed to the judge and to the other parties involved. The court’s decisions are also delivered quickly to the parties. 

• Easier monitoring of debtors’ status - It is now easy to check for basic information on new insolvency petitions. Such information, along with details of important decisions issued during the insolvency procedure, is immediately disclosed on the platform. This means creditors can monitor the potential insolvency of their debtors.

Current limitations

• Problems with access to electronic case files - The electronic form of the procedure has led to problems with access to case files at an early stage of the procedure. As a result, it is sometimes more difficult to obtain detailed information on the case at its initial stage.

• Technical limitations - The platform still has some technical issues, such as limits on the size of enclosures to the filings.

Key takeaways

The electronic insolvency procedure is a positive step towards making life easier for creditors and debtors alike. However, it still suffers from some limitations that need to be resolved in the future.

Find out more 

To discuss the issues raised in this article in more detail, please contact a member of our Restructuring & Insolvency team.