Suspension of bankruptcy filing obligation dangerous for company boards – commentary by attorney Bartlomiej Pietruszka
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
It turns out that the “suspension” of the deadline for filing a bankruptcy petition generates the risk of criminal liability, comments attorney Bartlomiej Pietruszka on law.pl.
Management board members may still be held liable for failing to file for bankruptcy on time if the state of insolvency arose before the outbreak of the pandemic. The anti-crisis regulations have thus placed entrepreneurs in an uncomfortable position: if it turns out that the insolvency was caused by COVID-19, the provisions of the act will protect the board from allegations of failing to file for bankruptcy on time. However, they may expose entrepreneurs to accusations of selectively satisfying creditors.
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