Upadłość jednoosobowego przedsiębiorcy z możliwością oddłużenia a upadłość konsumencka byłego przedsiębiorcy — wybrane zagadnienia

Abstrakt

Bankruptcy of a single trader with the possibility of debt relief and consumer bankruptcy of a former entrepreneur — selected issues

The ability to cancel the debts of a natural person derived from a single-person business activity is a matter of broad debate in legal and business environments as well as academic. The so-called “fresh start” is perceived by many indebted, present or former individual entrepreneurs, as the most desirable scenario to free themselves from the existing obligations. The recent amendments to the polish Bankruptcy Law have made many smaller business participants increasingly consider either bankruptcy on the grounds of Article 20 et seq. of the Bankruptcy Law counting on the possibility of debt cancellation or, after deregistration from the relevant register, the inferencing for consumer bankruptcy. In the light of the aforementioned issues it is of crucial importance to analyze the views of the representatives of the doctrine as well as recent case law.