Debt Relief & Personal Insolvency in Poland (2026): How It Works
Poland's personal insolvency procedure for individuals not operating a business is called upadlosc konsumencka (consumer bankruptcy). It is governed by the Prawo upadlosciowe (Bankruptcy Law), an Act of 28 February 2003 (consolidated text: Dz.U. 2022 poz. 1520), as fundamentally reformed by an Act of 30 May 2020 (Dz.U. 2020 poz. 1228). The court can order a plan splaty wierzycieli (creditor repayment plan) for up to 36 months for good-faith debtors, or grant an immediate discharge with no repayment if the debtor has no assets or income. All proceedings are recorded in the Krajowy Rejestr Zadluzonych (KRZ -- National Debtors Register), established by Article 4a of the Prawo upadlosciowe (verified via eli.gov.pl, July 2026) and accessible at krz.ms.gov.pl.
What it is called
The procedure is upadlosc konsumencka (consumer bankruptcy). It is governed by the Prawo upadlosciowe (Bankruptcy Law), Act of 28 February 2003, consolidated text published as Dz.U. 2022 poz. 1520 (available at eli.gov.pl). The law was fundamentally reformed by an Act of 30 May 2020 (Dz.U. 2020 poz. 1228, confirmed via eli.gov.pl, July 2026), which removed the previous requirement for debtors to prove they were not at fault for their insolvency, making the procedure accessible to a much wider group. All insolvency cases are recorded in the Krajowy Rejestr Zadluzonych (KRZ -- National Debtors Register), a public electronic register established by Article 4a of the Prawo upadlosciowe (verified via WebFetch on eli.gov.pl, July 2026), managed by the Ministry of Justice and accessible at krz.ms.gov.pl. Every court notice -- from the petition through to the final discharge order -- is published in the KRZ.
Who can use it
Upadlosc konsumencka is available to every osoba fizyczna (natural person / individual) who does not currently operate a business. Former entrepreneurs may also use the procedure after they have ceased their business activity, provided they are not already subject to a separate business insolvency proceeding. The debtor must be insolvent -- unable to meet their financial obligations as they fall due. There is no minimum debt threshold and no minimum number of creditors required. Since the 2020 reform, any insolvent individual may file regardless of the reason for their insolvency. The debtor's conduct (whether good faith or bad faith) does not bar access to the procedure; it affects only the duration of the repayment plan. Debtors who previously obtained a discharge under these provisions face restrictions on re-filing, and any deliberate concealment of assets or debts during the proceedings will result in refusal of discharge.
How the process works
1. The debtor files a wniosek o ogloszenie upadlosci (bankruptcy petition) with the wydzial do spraw upadlosciowych i restrukturyzacyjnych (bankruptcy and restructuring division) of the competent sad rejonowy (regional court) in the jurisdiction of their place of residence. The petition must include: a list of all creditors and the amounts owed; a list of assets and their estimated values; a statement of monthly income and expenditure. 2. The court publishes a notice in the Krajowy Rejestr Zadluzonych (KRZ) and, if it grants the petition, issues a declaration of bankruptcy (postanowienie o ogloszeniu upadlosci). 3. The court appoints a syndyk (bankruptcy trustee), who takes control of all non-exempt assets above the protected household minimum, draws up a lista wierzytelnosci (list of claims), and liquidates the estate for distribution to creditors in statutory priority order. 4. After liquidation, the syndyk submits a proposal to the court on the appropriate outcome. The court then issues its decision: a plan splaty, a conditional discharge, or an immediate discharge without any repayment plan.
How long it lasts and the outcome
The court chooses among three outcomes after liquidation of available assets: (1) Plan splaty wierzycieli (creditor repayment plan): the debtor makes regular monthly payments from current income to creditors for the period set by the court. For debtors who acted in good faith, the plan lasts up to 36 months (3 years). For debtors whose insolvency was caused by intentional misconduct or gross negligence, the court may set a plan lasting up to 84 months (7 years). After all required payments are made, the court issues a discharge order extinguishing all remaining included debts. (2) Umorzenie zobowiazan bez ustalania planu splaty (discharge without a repayment plan): granted when the debtor's personal and financial circumstances make it clear there is no reasonable prospect of income or assets with which to satisfy any creditors. The remaining debts are discharged immediately. (3) Warunkowe umorzenie zobowiazan bez ustalania planu splaty (conditional discharge): the court may also grant a conditional discharge and review the debtor's situation after five years. Debts that are NOT discharged and remain enforceable regardless of outcome include: maintenance obligations (alimenty) and alimony; compensation for personal injury or death arising from a criminal act; criminal fines and court-imposed financial penalties; and debts that the debtor intentionally concealed from the syndyk or court.
Where to get official help
Krajowy Rejestr Zadluzonych (KRZ -- National Debtors Register): the public register of all Polish insolvency cases, established by Article 4a of the Prawo upadlosciowe (verified via eli.gov.pl, July 2026). Accessible at krz.ms.gov.pl. All court notices relating to a consumer bankruptcy case are published here. Ministry of Justice (Ministerstwo Sprawiedliwosci): information on insolvency and restructuring procedures at www.gov.pl/web/sprawiedliwosc. Official consolidated text of the Prawo upadlosciowe: available on the official legislation portal at eli.gov.pl (search for Dz.U. 2022 poz. 1520) and isap.sejm.gov.pl. Free legal aid: punkty nieodplatnej pomocy prawnej (free legal advice points) operate across Poland for eligible persons. Information at nieodplatnapomocprawna.ms.gov.pl. IMPORTANT: This guide is for general information only and does not constitute legal advice. Consumer bankruptcy has serious long-term consequences for credit, certain forms of employment, and finances. Always consult a qualified legal professional before taking any step.
FAQ
Do I need to prove I was not at fault for my debts in order to file?
No. Since the Act of 30 May 2020 (Dz.U. 2020 poz. 1228) reformed the Prawo upadlosciowe, any insolvent natural person may file for consumer bankruptcy regardless of how their insolvency arose. Prior to 2020, applicants had to demonstrate they were not at fault, which made the procedure very difficult to access. However, if the court finds the debtor acted in bad faith or through gross negligence, the plan splaty (repayment plan) will be set at up to 84 months (7 years) rather than the standard 36 months (3 years). Bad faith does not bar the procedure -- it makes repayment longer.
What is the KRZ and what does it contain?
The Krajowy Rejestr Zadluzonych (KRZ -- National Debtors Register) is a public electronic database established by Article 4a of the Prawo upadlosciowe (verified via eli.gov.pl, July 2026) and administered by the Polish Ministry of Justice. It is accessible at krz.ms.gov.pl and contains all court notices relating to consumer and business bankruptcy, restructuring, and debt-enforcement proceedings in Poland. The filing of a consumer bankruptcy petition, the appointment of the syndyk, and the final discharge order are all published in the KRZ. Anyone may search the register.
Which debts cannot be discharged through upadlosc konsumencka?
The following debts survive discharge and remain fully enforceable even after successful completion of the plan splaty or after an immediate discharge: maintenance obligations (alimenty) and alimony; compensation for personal injury or death arising from a criminal act committed by the debtor; criminal fines and financial penalties imposed by courts; and any debts that the debtor deliberately concealed from the syndyk or from the court during the proceedings. All other qualifying debts included in the procedure are extinguished upon discharge.
⚠️ Informational estimate, not tax advice. Payroll software may differ in edge cases. Verify with a professional.