Wybrane problemy upadłości konsumenckiej w świetle nowej regulacji

Abstract

On 31 March 2009, a new concept of consumer bankruptcy was introduced in Poland, making it possible for individual debtors who are not engaged in business activities to be declared bankrupt. The paper shows how legislation of Poland has dealt with the protection of the individual’s existence in the case of his/her bankruptcy and how, by protecting him/ /her, the state makes it possible for the individual to continue his/her existence in the society and to reconstruct his/her economic potential. The legislators were following legal systems of the European countries and the American model of consumer bankruptcy to take advantage of their experience. But was it a step in good direction? Maybe new provisions will serve as a vehicle for debtors to escape their creditors or they create only an illusion of second chance. There is a lot of question marks but for reply we have to wait.