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Consumer bankruptcy

Legal aid in consumer bankruptcy

Wynimko Law Firm from Bialystok is dedicated to providing professional assistance to entrepreneurs facing financial problems. The offer includes, among other things, legal advice in the event of an intention to declare consumer bankruptcy (bankruptcy). Its purpose is to de-indebtedness a person whose financial situation has become difficult, but this was not due to intentional conduct. In that case, we first of all check whether the client meets the conditions necessary for debt relief before the court.

What exactly is consumer bankruptcy?

Consumer bankruptcy is actually a court procedure to get out of debt. It can apply to a person who is not currently in business, but who was previously in business before filing. This is an important part of the whole process, as it also allows assistance to be given to claimants where a non-profitable business has led to serious financial problems. The entrepreneur then has to close the business and can then go into debt in the manner described.

The procedure is procedural, i.e. it takes place before a court, so the client should be represented by a lawyer who knows the history of the company in question and has experience in handling similar cases. Wynimko Law Firm in Bialystok provides professional assistance in this area - we encourage you to consult our lawyers.

Purpose of debt relief

It is important to emphasise that consumer bankruptcy does not mean the discharge of debts. On the contrary, its purpose is to break the spiral of debts that is disadvantageous for the applicant - when he or she incurs further debts in order to repay previous obligations. However, this procedure involves forms of support such as:

  • judicial assistance in the amicable settlement of debts,
  • agreeing a convenient time for the payment of creditors,
  • in exceptional cases, debt cancellation, which occurs, for example, after several years of debt repayment - in which case the remaining instalments are waived.


The court assesses the debtor's attitude and financial capacity. This can be influenced by the action of our law firm - choosing experienced legal counsel translates into a sense of security and an increased chance of a successful trial.

Benefits of declaring bankruptcy

Although declaring bankruptcy is sometimes seen as a failure, it is important to note some of the benefits that implementing these measures entails. These include:

  • stabilising the financial situation of the person in debt,
  • stopping the destructive processes that led to the problems,
  • Suspension of collection processes: pre-court, court and enforcement,
  • stopping interest growth so that the debt does not increase,
  • the entitlement, if the trustee sells the house or flat, to receive money equal to 12 or 24 months' average rent.


Definitely, therefore, the initiation of bankruptcy proceedings enables a so-called fresh start, provides a rescue in a difficult situation and gives the time needed to solve the problems.

Who can go into debt?

There are two basic conditions that preclude a consumer bankruptcy. These include:

  • gross negligence - and these are situations in which the trader:
  • took out loans that were impossible to repay in relation to the income generated;
  • made unnecessary company purchases - this refers, for example, to specialised equipment, objectively unrelated to the business in question;
  • made instalment purchases.
  • deliberate action - this is defined by deliberate steps leading to the concealment or disposal of assets, making it difficult to repay the debt; this could be, for example, the transcription of a house to the family.


On the other hand, if the bankruptcy was caused by the actions of third parties, such as the improper work of subcontractors, the court does not charge the applicant with this. Furthermore, there are no obstacles to declaring consumer bankruptcy when it has been affected by the unreliability of contractors or contractual penalties - in these cases, our law firm also provides legal assistance. In order to prevent such problems, it is worth implementing in your company the so-called Compliance system.

How do we help?

Clients of our law firm are provided with a comprehensive service that includes, but is not limited to:

  • assessing the possibility of declaring bankruptcy,
  • the preparation of an application with an explanatory memorandum, which plays a key role in the course of the case,
  • filing of documents with the court,
  • participation in court proceedings.


The aforementioned points in the consumer bankruptcy procedure are highly dependent on the grounds for the application. Its preparation requires specialist knowledge in various areas (for example, company law), so it is worth entrusting this task to a qualified person. You will receive professional support in our office in Białystok - we invite you to a consultation.

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