Simplified restructuring proceedings in Poland as an example of anti – crisis regulation due to the COVID-19 pandemic

Abstract

Summary The study discusses new legislative anti – crisis solutions adopted in Poland in connection with the COVID – 19 pandemic. The Polish legislator decided to introduce the so-called simplified restructuring procedure. This happened in the face of the expectations of both the jurisprudence of law and practice. On the one hand, the simplified restructuring procedure (the fifth independent type of restructuring procedure for an entrepreneur in Poland) allows for a quick, cheap and simplified conclusion of an arrangement with creditors outside the court, then approved by the court. On the other hand, the opening of such proceedings gives the debtor protection against enforcement at the creditor‘s request and against bankruptcy at the creditor‘s request. This procedure can be a testing ground for the concept of informalisation and acceleration of restructuring procedures.