Epidemic will allow bankruptcy to be postponed, but restructuring will block aid – commentary for Prawo.pl
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
Although the amendment to the crisis shield (the so-called Crisis Shield 2) introduces some solutions to make things easier for companies in financial trouble, it primarily cuts off from assistance those that, acting in accordance with the regulations, have filed for restructuring or bankruptcy, even if the cause was an epidemic.
Wojciech Bokina, restructuring advisor, legal counsel, and partner at Brysiewicz i Wspólnicy, believes that the proposed regulation may have unintended consequences. The intended goal is to give companies time to recover financially from the impact of the pandemic. However, postponing the obligation to file for bankruptcy will only delay a wave of bankruptcy filings, which is likely to be even larger than what we are currently seeing, he warns.
“If there is no obligation to file for bankruptcy—and therefore no penalties for failing to do so—many entrepreneurs will take on additional liabilities with new contractors, even though they are already unable to repay existing ones. This will cause liquidity issues for even more entities, ultimately resulting in a higher number of bankruptcy filings in the future,” Bokina explains.
We invite you to read the full commentary on Prawo.pl.
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