Ochrona niewypłacalnego przedsiębiorcy – uwagi na tle uproszczonego postępowania restrukturyzacyjnego
Protection of an insolvent undertaking – comments against the background of Simplified Restructuring Proceedings

Summary/Abstract: In 2020, as a result of the crisis caused by the COVID-19 pandemic, many legal and economic tools were implemented in Poland to stop undertakings from going bankrupt. One of such solutions was the Simplified Restructuring Procedure. A few months later, it was replaced by Proceedings for the Approval of the Arrangement. Both of these procedures are extrajudicial, and their main purpose was to protect debtors and assist their restructuring. Indirectly, the procedure was also keeping the business activities of an insolvent undertaking going, with all the consequences that are associated with it, and above all, the protection of jobs and the protection of creditors. The aim of this study is to show the simplified restructuring law tools, implemented during the COVID-19 pandemic, meant to stop mass bankruptcies of undertakings, and the importance of these tools from the point of view of the legal situation of debtors, especially from the perspective of the scope of debtor protection. An analysis of the provisions governing these proceedings leads to the conclusion that, despite the broad protection granted to debtors, they did not weaken the position of creditors.

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