Question 1

Is the first consultation paid?

Accepted Answer

No. The first, no-obligation consultation is free. During it we assess the situation and point out possible directions.

Question 2

How much does handling a case cost?

Accepted Answer

Terms are agreed individually, before the agreement is signed, during the free consultation. Payment in interest-free instalments is possible.

Question 3

Where do you handle cases?

Accepted Answer

The office is in Prochowice and we handle cases across Poland - in person and remotely. Częstochowa branch - coming soon.

Question 4

Can we work remotely?

Accepted Answer

Yes. We also serve clients remotely, wherever they live.

Question 5

What does the course of insolvency or restructuring depend on?

Accepted Answer

On the individual situation - the type of liabilities, the assets and the goal you want to reach. We discuss the right path and how it runs during the consultation.

Question 6

How do I start?

Accepted Answer

Just get in touch through the form or by phone. We will arrange a free consultation and a review of the documents.

Question 7

What is the free credit sanction (SKD)?

Accepted Answer

It is a consumer protection measure provided for in Article 45 of the Consumer Credit Act of 12 May 2011. If the lender breaches specific information duties when the agreement is concluded, the consumer has the right to repay only the principal - with no interest and none of the other costs stipulated in the agreement - within the period set out in the credit agreement. The sanction does not cover the cost of security.

Question 8

Who can use the free credit sanction?

Accepted Answer

Only a consumer, that is a natural person taking out credit for purposes unrelated to business activity. The declaration has a right-shaping character and is available to the consumer alone.

Question 9

Which loans and credits qualify for the sanction?

Accepted Answer

The sanction applies to consumer credit, meaning credit of no more than PLN 255,550 or the equivalent in another currency, and it does not cover mortgage loans. It applies to cash loans, consolidation loans, instalment loans, account overdrafts and non-bank loans, among others.

Question 10

Does my credit agreement qualify for the sanction?

Accepted Answer

That cannot be assessed without reviewing the documents. The mere fact that the agreement is consumer credit does not yet mean the sanction is available - the duties set out in Article 45 of the Act must have been breached and a written declaration must be filed within the statutory time limit. We invite you to a free preliminary review of the agreement.

Question 11

Which errors in an agreement give the right to use the sanction?

Accepted Answer

Most often these are defects concerning the APRC, the total amount of credit, the total cost of credit and the rules for changing fees and commissions. The most frequent objection is an incorrectly stated APRC caused by charging interest on credited costs.

Question 12

Does the sanction apply to a consolidation loan?

Accepted Answer

Yes, provided it is consumer credit within the statutory limit and is not a mortgage loan.

Question 13

Does the sanction apply to non-bank loans and payday loans?

Accepted Answer

Yes. The Consumer Credit Act also covers lending companies, and Article 45 additionally refers to the rules on limits of non-interest costs (Articles 36a-36c). Agreements with so-called shadow lenders very often contain defects that justify the sanction.

Question 14

Does the sanction apply to a loan that has already been repaid?

Accepted Answer

Yes. The sanction may also be available after the credit has been repaid in full - under Article 45(5) the right expires one year after the agreement has been performed. What matters, therefore, is when the agreement was fully performed.

Question 15

How much can be recovered through the sanction?

Accepted Answer

All interest, commissions, fees and premiums covered by the sanction that have been paid are refundable. Filing the declaration means the consumer repays the credit with no interest, with retroactive effect from the date the agreement was signed. In practice this ranges from a few to several tens of thousands of zloty.

Question 16

How is the free credit sanction declaration filed?

Accepted Answer

The Act requires a written declaration addressed to the lender. The declaration is deemed filed once it has reached the lender in such a way that the lender could read it, which is why we recommend sending it by registered mail with acknowledgement of receipt. The letter should identify the agreement and the specific breaches.

Question 17

What is the deadline for using the sanction?

Accepted Answer

The right expires one year after the day the agreement was performed. This is a strict time limit - once it passes, the consumer loses the right no matter how serious the bank's errors were.

Question 18

Does the sanction apply to every bank?

Accepted Answer

The sanction applies to every lender granting consumer credit - banks, credit unions (SKOK) and lending companies alike.

Question 19

Can a Swiss franc or foreign-currency loan be declared invalid?

Accepted Answer

Yes. Under the resolution of the full Civil Chamber of the Supreme Court, III CZP 25/22, indexation clauses found to be unfair cannot be replaced by another way of setting the exchange rate derived from the law or from custom, and because no binding rate can be established the entire agreement ceases to bind with retroactive effect from the date it was concluded.

Question 20

Is it worth suing the bank over a Swiss franc loan?

Accepted Answer

In most cases yes. In 2026 the case law is settled, pro-consumer and consistent on the key issues. We always calculate the specific financial benefit individually, on the basis of the certificates issued by the bank.

Question 21

What does invalidating a Swiss franc loan achieve?

Accepted Answer

The agreement is treated as never concluded - each party returns what it provided. The bank's claim for the return of the principal and the consumer's claim for the return of the instalments paid are two independent claims for the return of an undue payment (the two-condiction theory). The loan ceases to exist and the mortgage can be removed from the land register.

Question 22

How does invalidating a loan differ from converting it to zloty?

Accepted Answer

Invalidity means the whole agreement falls away, whereas conversion leaves the agreement in force as a zloty loan on the existing interest terms. There is currently no basis for replacing defective provisions in Swiss franc agreements, so conversion has all but disappeared from the case law.

Question 23

Can the bank be sued after the Swiss franc loan has been repaid?

Accepted Answer

Yes. Repayment does not deprive the consumer of claims for the return of undue payments; only the structure of the claim changes (as a rule, payment alone, without a declaration of invalidity for the future).

Question 24

How much can be recovered from the bank over a Swiss franc loan?

Accepted Answer

The amount depends on the date of the agreement, the exchange rate at disbursement and the total of the payments made. In a typical case the benefit is the difference between the sum of the payments and the principal, plus default interest; in many cases this runs to hundreds of thousands of zloty.

Question 25

How long does a Swiss franc case take?

Accepted Answer

Usually 1-3 years at first instance, depending on the court's caseload. Cases now move faster than a few years ago, in part thanks to the case law having been unified.

Question 26

Can the bank claim remuneration for the use of capital?

Accepted Answer

No. The Supreme Court has settled that there is no legal basis for a bank to claim interest or any other remuneration for the use of the funds for the period from the undue payment until the bank falls into default.

Question 27

Court claim or settlement with the bank - which pays off more?

Accepted Answer

Usually a court claim. Settlements offer conversion of the loan into zloty, not its invalidation. The banking sector consistently maintains that settlements are the best and quickest solution - which does not mean they are the most advantageous for the borrower.

Question 28

Is it worth accepting the settlement the bank offers?

Accepted Answer

Only after comparing it with the real benefit of having the agreement declared invalid. A settlement offers speed and certainty, but usually means giving up a substantial part of the claims and the refund of the costs paid around the loan.

Question 29

Can a euro or dollar loan be invalidated in the same way as a Swiss franc loan?

Accepted Answer

Yes - what matters is how the agreement is constructed, not the currency. The same defective conversion mechanisms appear in loans indexed and denominated to EUR.

Question 30

Does a denominated loan differ from an indexed one?

Accepted Answer

Yes. In a denominated loan the amount is expressed in the foreign currency and paid out in zloty, while in an indexed loan it is expressed in zloty and converted into the currency after disbursement. The Supreme Court resolution covers both types of agreement, so the legal effects of the defective clauses are similar.

Question 31

Can the mortgage be removed once the loan is invalidated?

Accepted Answer

Yes. A final judgment declaring the agreement invalid is the basis for an application to remove the mortgage from the land and mortgage register.

Question 32

What is business restructuring?

Accepted Answer

It is a court rescue procedure governed by the Restructuring Law. Its purpose is to avoid a declaration of bankruptcy by allowing the debtor to conclude an arrangement with its creditors while safeguarding their legitimate rights.

Question 33

When should a company start restructuring?

Accepted Answer

Ideally already when insolvency is merely threatened, before liquidity is lost. Thirty days to react once insolvency has arisen is very little, which is why delay usually closes the door to an effective arrangement.

Question 34

Does my company qualify for restructuring?

Accepted Answer

Restructuring proceedings are available only to entrepreneurs. The company must be insolvent or threatened with insolvency and have a realistic prospect of performing the arrangement. The assessment requires a review of the financial statements, the debt structure and the forecasts - which is what a restructuring advisor does.

Question 35

Does restructuring protect a company from bankruptcy?

Accepted Answer

As a rule yes. Where both a restructuring application and a bankruptcy petition are filed, the restructuring application takes precedence. Following the amendment the court does not reject the bankruptcy petition but stays its examination until the restructuring proceedings are finally concluded or discontinued.

Question 36

Restructuring or bankruptcy - which to choose?

Accepted Answer

Put simply: restructuring serves to rescue the business, bankruptcy to wind it down in a controlled way and repay the debts as fully as possible. If the business is able to generate revenue, we choose restructuring.

Question 37

What types of restructuring proceedings are there?

Accepted Answer

Four: proceedings for the approval of an arrangement, accelerated arrangement proceedings, arrangement proceedings and remedial (sanation) proceedings. In proceedings for the approval of an arrangement the debtor collects the creditors' votes itself, on condition that the sum of disputed claims does not exceed 15% of the sum of claims carrying voting rights.

Question 38

Which type of restructuring is best for a company?

Accepted Answer

It depends on the scale of the disputes with creditors, the need for protection against enforcement and how deep the changes in the business have to be. The simplest form of restructuring is proceedings for the approval of an arrangement.

Question 39

Does restructuring stop the bailiff?

Accepted Answer

Yes, as regards the claims covered by the arrangement. Opening restructuring proceedings suspends enforcement proceedings concerning claims covered by the arrangement - the bailiff cannot take new steps and existing attachments are stayed.

Question 40

Can a company be restructured if enforcement by a bailiff has already started?

Accepted Answer

Yes, ongoing enforcement does not rule out restructuring - on the contrary, it is often what prompts it. Proceedings for the approval of an arrangement give the company rapid protection against bailiff enforcement from the day of the announcement.

Question 41

Does restructuring protect the company's assets?

Accepted Answer

Yes - the suspension of enforcement and the protection against attachment make it possible to retain the assets needed to run the business. The court supervisor does, however, control acts exceeding ordinary management, such as selling real property or taking out loans. In remedial proceedings, by contrast, an administrator takes full management of the business.

Question 42

Does restructuring protect the private assets of board members?

Accepted Answer

Indirectly yes - it opens an exculpatory ground. A board member is released from liability if they show that a bankruptcy petition was filed in due time, or that within the same period an order was issued opening restructuring proceedings or approving an arrangement.

Question 43

Can a sole trader be restructured?

Accepted Answer

Yes - all entrepreneurs have restructuring capacity, including sole traders. So do the partners of commercial partnerships who are liable with their entire assets: general partnerships, limited partnerships, limited joint-stock partnerships, and partners in professional partnerships.

Question 44

Can a limited liability company be restructured?

Accepted Answer

Yes, a limited liability company is a typical subject of restructuring proceedings. An added benefit is that the management board is protected against liability under Article 299 of the Commercial Companies Code.

Question 45

Can the business trade normally during restructuring?

Accepted Answer

Yes, and that is precisely the purpose of the proceedings. Except in remedial proceedings the debtor as a rule keeps management of its own affairs, and acts exceeding ordinary management require the supervisor's consent.

Question 46

How much debt can be written off in restructuring?

Accepted Answer

The law sets no fixed limit - the scope of the reduction follows from the arrangement proposals and the creditors' consent. In practice interest is often written off in full along with part of the principal, with the remainder spread into instalments.

Question 47

When must a company file for bankruptcy?

Accepted Answer

Once it has become insolvent. Under Article 21(1) of the Bankruptcy Law the deadline for filing the petition is 30 days from the day the grounds for declaring bankruptcy arose.

Question 48

Who can file a bankruptcy petition against a company?

Accepted Answer

In bankruptcy the petition can be filed both by the debtor and by any creditor - unlike restructuring, where the initiative belongs to the debtor alone.

Question 49

How long does company bankruptcy take?

Accepted Answer

From the declaration of bankruptcy to the close of the proceedings usually takes from a year to several years, depending on the size and liquidity of the assets and on how many disputes arise over the list of claims.

Question 50

What happens to the company's assets once bankruptcy is declared?

Accepted Answer

Control over the debtor's assets passes in full to the trustee, who takes over management of the bankruptcy estate and carries out its liquidation, while the debtor loses the right to freely dispose of the assets from the day bankruptcy is declared.

Question 51

What does the trustee do after bankruptcy is declared?

Accepted Answer

The trustee takes possession of the assets, draws up an inventory, receives filings of claims and prepares the list of claims, then liquidates the assets and distributes the proceeds among the creditors in the order of the statutory categories.

Question 52

Can the company keep trading after bankruptcy is declared?

Accepted Answer

Exceptionally yes - the trustee may continue running the business if that leads to a more advantageous sale (for example as a going concern). As a rule, however, the business is liquidated.

Question 53

What happens to the company's creditors?

Accepted Answer

They file their claims with the trustee through the KRZ system, within the period stated in the order declaring bankruptcy. The proceedings are conducted so that creditors' claims are satisfied to the greatest possible extent, although in practice satisfaction is often partial.

Question 54

What do board members risk by not filing for bankruptcy?

Accepted Answer

Financial liability towards creditors, a ban on conducting business activity and criminal sanctions. Failing to file a bankruptcy petition is an offence punishable even by imprisonment (Article 586 of the Commercial Companies Code). Liability for tax and social security arrears is added on top.

Question 55

Do board members answer for the company's debts with their private assets?

Accepted Answer

Yes, if enforcement against the company proves ineffective. Article 299 of the Commercial Companies Code allows a creditor to pursue payment directly from the assets of board members who failed to file a bankruptcy petition for the company in time. This liability is personal and joint and several.

Question 56

How long does the board have to file a bankruptcy petition?

Accepted Answer

Exactly 30 days from the moment the grounds of insolvency arise. Each board member may file the petition individually, even where the rules of representation require two people to act jointly.

Question 57

Can company bankruptcy be avoided through restructuring?

Accepted Answer

Yes - that is the core purpose of the Restructuring Law. The conditions are acting early enough and putting forward realistic arrangement proposals.

Question 58

How can I check whether a company is in bankruptcy?

Accepted Answer

Through the National Register of Debtors (KRZ), where announcements about bankruptcy and restructuring proceedings are published, and through entries in the National Court Register (KRS). Bankruptcy proceedings are now conducted entirely within the KRZ IT system.

Question 59

What is a consumer arrangement?

Accepted Answer

It is a debt relief procedure for natural persons not conducting business activity, governed by the Bankruptcy Law. It is an alternative to bankruptcy that allows debts to be repaid without liquidating the assets.

Question 60

How does a consumer arrangement work?

Accepted Answer

The debtor concludes an arrangement with the creditors setting new repayment terms - usually spreading the debt into instalments and writing off part of it. A licensed restructuring advisor oversees the process as court supervisor.

Question 61

Who can use a consumer arrangement?

Accepted Answer

A natural person not conducting business activity who is insolvent or threatened with insolvency and is able to make regular repayments in the agreed amount.

Question 62

Is a consumer arrangement right for me?

Accepted Answer

It is worth considering if you have a steady income and assets you want to keep - a flat, for example. Consumer bankruptcy almost always means selling real property and valuable items.

Question 63

Can I keep my flat under a consumer arrangement?

Accepted Answer

Yes, and that is its main advantage - the property is not liquidated as long as the arrangement provides for repayment acceptable to the creditors. In bankruptcy, by contrast, the trustee liquidates an owned flat.

Question 64

Do all creditors have to agree to the arrangement?

Accepted Answer

No. The statutory majority of voting creditors is enough; once approved by the court the arrangement also binds those creditors who voted against it.

Frequently asked questions

Working with the firm

Free credit sanction (SKD)

Swiss franc and foreign-currency loans

Business restructuring

Business insolvency

Consumer arrangement

Consumer insolvency

Didn't find your answer?

Frequently asked questions

Working with the firm

Is the first consultation paid?+

How much does handling a case cost?+

Where do you handle cases?+

Can we work remotely?+

What does the course of insolvency or restructuring depend on?+

How do I start?+

Free credit sanction (SKD)

What is the free credit sanction (SKD)?+

Who can use the free credit sanction?+

Which loans and credits qualify for the sanction?+

Does my credit agreement qualify for the sanction?+

Which errors in an agreement give the right to use the sanction?+

Does the sanction apply to a consolidation loan?+

Does the sanction apply to non-bank loans and payday loans?+

Does the sanction apply to a loan that has already been repaid?+

How much can be recovered through the sanction?+

How is the free credit sanction declaration filed?+

What is the deadline for using the sanction?+

Does the sanction apply to every bank?+

Swiss franc and foreign-currency loans

Can a Swiss franc or foreign-currency loan be declared invalid?+

Is it worth suing the bank over a Swiss franc loan?+

What does invalidating a Swiss franc loan achieve?+

How does invalidating a loan differ from converting it to zloty?+

Can the bank be sued after the Swiss franc loan has been repaid?+

How much can be recovered from the bank over a Swiss franc loan?+

How long does a Swiss franc case take?+

Can the bank claim remuneration for the use of capital?+

Court claim or settlement with the bank - which pays off more?+

Is it worth accepting the settlement the bank offers?+

Can a euro or dollar loan be invalidated in the same way as a Swiss franc loan?+

Does a denominated loan differ from an indexed one?+

Can the mortgage be removed once the loan is invalidated?+

Business restructuring

What is business restructuring?+

When should a company start restructuring?+

Does my company qualify for restructuring?+

Does restructuring protect a company from bankruptcy?+

Restructuring or bankruptcy - which to choose?+

What types of restructuring proceedings are there?+

Which type of restructuring is best for a company?+

Does restructuring stop the bailiff?+

Can a company be restructured if enforcement by a bailiff has already started?+

Does restructuring protect the company's assets?+

Does restructuring protect the private assets of board members?+

Can a sole trader be restructured?+

Can a limited liability company be restructured?+

Can the business trade normally during restructuring?+

How much debt can be written off in restructuring?+

Business insolvency

When must a company file for bankruptcy?+

Who can file a bankruptcy petition against a company?+

How long does company bankruptcy take?+

What happens to the company's assets once bankruptcy is declared?+

What does the trustee do after bankruptcy is declared?+

Can the company keep trading after bankruptcy is declared?+

What happens to the company's creditors?+

What do board members risk by not filing for bankruptcy?+

Do board members answer for the company's debts with their private assets?+

How long does the board have to file a bankruptcy petition?+

Can company bankruptcy be avoided through restructuring?+

How can I check whether a company is in bankruptcy?+

Consumer arrangement

What is a consumer arrangement?+

How does a consumer arrangement work?+

Who can use a consumer arrangement?+

Is a consumer arrangement right for me?+

Can I keep my flat under a consumer arrangement?+

Do all creditors have to agree to the arrangement?+

Can part of the debt be written off under a consumer arrangement?+

Can debts be spread into instalments?+

How long does a consumer arrangement take?+

What happens if I stop performing the arrangement?+

Consumer insolvency

What is consumer bankruptcy?+

Who can declare consumer bankruptcy?+

Can anyone declare consumer bankruptcy?+

How do I declare consumer bankruptcy?+