How a Foreign Creditor Can Recover a Debt from a Bankrupt Polish Company – A Guide and Legal Assistance from a Polish Lawyer

How a Foreign Creditor Can Recover a Debt from a Bankrupt Polish Company – A Guide and Legal Assistance from a Polish Lawyer

When a Polish company declares bankruptcy, and its business partner was a foreign company or an individual outside of Poland, the question arises: is it possible, and how, to recover the money? This guide explains step by step what a foreign creditor should do to effectively file a claim in bankruptcy proceedings in Poland – and when it is worth using the assistance of a Polish lawyer.

1. Can a foreign creditor file a claim in Poland?

Yes. Polish bankruptcy law does not exclude foreign creditors. Any company or individual holding unpaid invoices, loans, or other claims against a Polish entity may participate in the bankruptcy proceedings.

Typically, both Polish and foreign creditors learn about the bankruptcy of the Polish partner from the bankruptcy trustee. The Polish trustee notifies those creditors whose addresses are known based on the bankrupt company’s records.

✅ The minimum requirement for recovering money from a bankrupt Polish company is filing the claim within the proper deadline, in the correct form, and in Polish.

2. How to find information about the bankruptcy of a Polish company?

Before taking action, make sure the debtor has actually declared bankruptcy:

• Check the National Debtors Register (KRZ) – krz.ms.gov.pl

• Search the company by KRS number, NIP, or name

• You will find there:

  • Case reference number starting with PO1P/GU/…

  • Name of the court and the economic division, e.g., “District Court Poznań-Stare Miasto in Poznań, 11th Economic Division”

  • Name of the supervising judge

  • Trustee’s data

  • Deadline for filing the claim, which under Polish law is between 1 and 3 months

3. Filing a claim – step by step

Step 1: Determine the deadline
What is the deadline for filing a claim? You usually have 30 days from the announcement in the KRZ to file without additional costs. Filing within the deadline is crucial.

What are the consequences of missing the deadline?
Creditors who file late may struggle to recover funds, as those who file on time are prioritized. A foreign creditor should also remember to file before the final division plan is approved; otherwise, the claim will be disregarded.

Step 2: What documents are required to file a claim?

• Documents confirming the existence of the claim – civil contracts, invoices, payment demands

• Documents confirming the amount – payment confirmations, bills, bank statements, or other records specifying the owed amount

• Documents about collateral – e.g., mortgage or pledge documents

• Documents translated into Polish (certified if required)

• Power of attorney if a lawyer acts on behalf

Step 3: How to submit a claim?

File the claim through the KRZ system:

• Claims are submitted electronically via the KRZ system

• You need an account, registration, and identity verification (e.g., Trusted Profile)

• After access, the creditor or representative receives a user ID

• Then navigate: “document catalog” → “entrepreneur bankruptcy” → “filings after bankruptcy declaration” → “filings regarding the list of claims” → “30048 – claim filing in bankruptcy proceedings”

• The form must be filled in Polish

• In case of technical issues, consider hiring a Polish law firm specializing in bankruptcy law

Claims not meeting Polish legal requirements will be returned. The legal framework is set by the Bankruptcy Law of February 28, 2003.

A creditor who files after the deadline must cover fixed procedural costs equal to 15% of the average monthly wage in the enterprise sector (excluding bonuses), unless the delay results from the trustee’s correction of declarations or similar documents.

4. Is it worth having a legal representative in Poland?

For foreign creditors – definitely. The Polish bankruptcy system is formal and requires online filing using Polish electronic identification. Formal errors (e.g., wrong form, missing e-signature) may cause rejection.

A lawyer will help:

• Prepare a complete claim

• Translate documents per requirements

• Represent the foreign creditor before court and trustee

• Monitor the proceedings and trustee’s actions

All steps are done remotely – the foreign creditor doesn’t need to come to Poland. Filing is voluntary, but to participate in the distribution of the bankrupt’s assets, it must be done on time and in the proper form.

A Polish attorney will help prepare documents correctly, submit the claim, and represent the creditor’s interests in court and before the trustee.

5. Can the full debt be recovered?

Unfortunately, not always. In bankruptcy, debts are paid from the debtor’s assets in a statutory order. Under Polish law, bankruptcy proceedings cannot start if the bankrupt has no assets.

The creditor may receive:

• The full amount (if the estate is sufficient)

• A partial amount (e.g., 20–60%)

6. Costs of filing a claim

• Filing is free of charge if done on time

• Costs may arise in case of:

  • Late filing (court fee approx. PLN 1000–1500)

  • Legal services (typically several hundred euros for full representation)

7. Common mistakes made by foreign creditors

• No translation of documents

• Late filing

• Incomplete formalities in KRZ

• No Polish-recognized electronic identity

• No representative in Poland (complicates contact with the trustee)

Summary

Filing a claim by a foreign creditor in Poland is entirely possible – but requires understanding of local regulations and deadlines. Experienced legal support may determine whether you recover your money or lose it forever.

💼 Need legal help? Trust the experience of Dr. Joanna Susło, Attorney-at-law
If you want to recover funds from a bankrupt Polish company, contact Dr. Joanna Susło – an expert in recovering claims from bankrupt firms in Poland. She has years of experience representing foreign creditors, including businesses and individuals from across Europe. Dr. Susło offers comprehensive legal services in English and French, handles cases across Poland, and her firm specializes in international bankruptcy proceedings, debt enforcement, and advising companies harmed by Polish bankrupts. Benefit from professional assistance and increase your chances of effective debt recovery.

Dr Joanna Suslo, Attorney-at-law

E-mail: [email protected]

Mobile WhatsApp 24/7: + 48 668 841 990

SOS-Legal-Law-Firm

Lawyer in Poland