Insolvency & Restructuring · Poland
Insolvency lawyers in Poland: debt, restructuring and court files
Polish bankruptcy and restructuring matters are heard inside the ordinary courts, in Polish, under codified procedure. We match you free of charge with a practitioner who handles the kind of file you describe, so you can decide with clear information in front of you.
- Bankruptcy cases sit within the ordinary courts
- Adwokat and radca prawny both have full rights of audience
- Free matching, no obligation to instruct
No fee to be matched. You choose whether to instruct a practitioner.
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Your position
What to expect from an insolvency matter in Poland
If a business, a supplier or a private individual in Poland owes you money — or if you are the one facing proceedings because debts can no longer be serviced — the first practical question is who will act for you. Polish insolvency matters are heard within the ordinary courts, alongside commercial, civil and criminal cases, and both professional groups, the adwokat and the radca prawny, have the same rights of audience before every court, including the Supreme Court. That breadth means you can choose a representative on fit rather than on formal restrictions. We do not give legal advice and we do not decide cases; we match you, free of charge, with insolvency lawyers in Poland who handle the type of matter you describe, so that you can speak to a qualified practitioner and decide for yourself.
Poland in practice
How insolvency matters work in Poland
Insolvency work in Poland sits inside the ordinary court system, follows comprehensive codified statutes rather than judicial precedent, and is conducted in Polish. The points below set out the institutions, the professions and the time limits that shape a case, drawn from official Polish and EU sources.
Where an insolvency case is heard
Bankruptcy and commercial matters fall within the ordinary courts of Poland, which sit in three tiers: district courts as first-instance courts, regional courts as first- and second-instance courts for more serious or higher-value cases, and appellate courts as second instance. The Supreme Court exercises cassation jurisdiction and unifies case law. Proceedings are conducted in Polish.
Who may represent you
Poland has two legal professions with equal rights of audience since 1 July 2015: the adwokat and the radca prawny. Both require a Polish law degree, three years of professional training and a professional examination, and membership of their self-government is compulsory. The practical difference lies mainly in the form of practice: a radca prawny may be employed, while an adwokat practises alone or in partnership.
What it costs and who can be reimbursed
Lawyers’ fees in Poland are freely agreed between lawyer and client; there is no binding official tariff. A pecuniary claim generally attracts a court fee of 5% of the amount in dispute, subject to a minimum and a statutory cap, and costs awarded to a winning party are calculated against Ministry of Justice rates. Persons of limited means may qualify for free legal aid or exemption from court costs.
Time limits that shape a recovery strategy
Polish limitation periods are strict. General contractual debts are time-barred after six years, claims arising from business activity after three years, and periodic payments such as rent, maintenance or interest after three years. Claims confirmed by a final judgment run for six years. Identifying where a claim sits within these periods is a routine first step in any insolvency matter.
Security held over Polish assets
A contract obliging a party to transfer ownership of real property must be made as a notarial deed, and failure to observe that form makes the transaction void. Ownership, mortgages and other encumbrances are recorded in the Land and Mortgage Register, kept electronically by the district courts; entries enjoy a presumption of accuracy and good-faith acquirers from the registered owner are protected.
Debts of a deceased debtor’s estate
Since a 2015 reform, an heir in Poland who makes no declaration within the six-month period is deemed to have accepted the inheritance with the benefit of inventory, so liability for the deceased’s debts is limited to the value of the estate. An heir who acts as if accepting without limitation may still be exposed to debts beyond that value.
The country data on this page is drawn from official sources — the European e-Justice Portal, the NRA bar site and Polish legislation published in the ISAP database — consulted at the time of writing.
- European e-Justice Portal – National justice systems: Poland
- European e-Justice Portal – Types of legal professions: Poland
- Naczelna Rada Adwokacka (Polish Bar)
- Polish Act – Law on the Bar (Prawo o adwokaturze), ISAP
- Polish Civil Code (Kodeks cywilny), ISAP
- Polish Labour Code (Kodeks pracy), ISAP
- Polish Code of Administrative Procedure, ISAP
- Act on Court Costs in Civil Cases, ISAP
- Act on Land and Mortgage Registers and Mortgage, ISAP
- Family and Guardianship Code, ISAP
Why clients come to us
Situations we are asked about most often
Most people who contact us are not looking for a lecture on Polish insolvency law. They are looking for someone who can take the file and tell them where they stand.
Debts that are not moving
You hold invoices or a judgment that nobody is paying, and you are unsure whether the debtor still trades, has already entered proceedings, or holds assets worth pursuing.
Pressure from the other side
Enforcement, correspondence or a court file has arrived and the deadlines in front of you are short, while the paperwork is in Polish and the procedure is unfamiliar.
Cross-border uncertainty
A debtor, a contract or a property sits partly outside Poland and you cannot tell which court, which profession or which limitation period applies to your position.
How we help
What you get from the matching service
We are not a law firm. We put you in contact with practitioners who work on Polish insolvency and debt files, and we leave the legal decisions to them and to you.
Two professions, one standard
We work with both adwokaci and radcowie prawni, who have held equal rights of audience before every Polish court, including the Supreme Court, since 1 July 2015. Your choice can be based on fit.
Fee transparency from the start
Polish lawyers set their own fees; there is no binding tariff. You discuss the basis of charging directly with the practitioner, while costs recoverable in litigation are capped by Ministry of Justice rates.
No cost to be matched
Describing your situation and receiving a match costs you nothing and carries no obligation. You decide afterwards whether to instruct a practitioner, and on what terms.
One point of contact, many cities
Our network covers Warsaw, Kraków, Łódź, Wrocław, Poznań, Gdańsk, Szczecin, Lublin, Katowice and Bydgoszcz, so your matter can be handled close to the assets or the court that will hear it.
Cross-border matters
Working with Poland and its neighbours
Insolvency files frequently cross a border: a debtor registered abroad, a contract governed by another law, or property held in Poland by a foreign company. We help clients in these countries find a practitioner qualified in Poland.
Questions clients ask
Insolvency in Poland: common questions
Do I need an adwokat or a radca prawny for an insolvency case in Poland?
Either will do. Poland’s two legal professions, the adwokat and the radca prawny, have held equal rights of audience before all courts since 1 July 2015, including the Supreme Court. Both are subject to compulsory self-government supervision. The practical difference is the form of practice, since a radca prawny may be employed under a contract of employment.
Which Polish courts hear bankruptcy and restructuring cases?
Bankruptcy falls within the ordinary courts, alongside civil, commercial, labour, family and criminal cases. The ordinary courts sit in three tiers: district courts as first-instance courts, regional courts as first- and second-instance courts for more serious or higher-value cases, and appellate courts as second instance. The Supreme Court hears cassation cases and unifies case law. Proceedings take place in Polish.
How much does it cost to instruct insolvency lawyers in Poland?
Lawyers set their own fees; Poland has no binding official tariff, and we charge nothing for matching you. A pecuniary claim generally carries a court fee of 5% of the amount in dispute, subject to a minimum and a cap, and costs recovered from a losing party follow Ministry of Justice rates. Free legal aid and exemption from court costs exist for persons of limited means.
Do Polish limitation periods affect an insolvency matter?
They do, because a claim that is already time-barred is difficult to pursue even where a debtor’s assets can be found. General contractual debts lapse after six years, claims arising from business activity after three years, and periodic payments such as rent, maintenance or interest after three years. A claim confirmed by a final judgment runs for six years.
What happens if the debtor has died?
Inheritance in Poland is by default accepted with the benefit of inventory. If an heir makes no declaration within six months, liability for the deceased’s debts is limited to the value of the estate. An heir who behaves as if accepting without limitation may still be liable beyond that value, which is why the estate position is checked early.
Can you help with a claim against assets located in Poland?
We can match you with a practitioner qualified in Poland. Real property, mortgages and other encumbrances are recorded in the Land and Mortgage Register, kept electronically by the district courts, and entries enjoy a presumption of accuracy. Transfers of real property require a notarial deed, and EU law applies directly and takes precedence over conflicting national rules.
Free matching
Tell us what you are facing in Poland
Describe your matter in a few lines: a debt that will not move, a business under pressure, assets held in Poland or a cross-border file. We will match you with insolvency lawyers in Poland who handle that kind of work, at no cost and with no obligation to instruct.