Bankructwo przedsiębiorstwa: efektywność polskiego systemu prawno-finansowego

Abstract

Bankruptcy can be defined as a legally declared inability or impairment of ability of an individual or organization to pay their creditors. A declared state of bankruptcy can be requested by creditors in an effort to recoup a portion of what they are owed; however, in the overwhelming majority of cases, the bankruptcy is initiated by the bankrupt individual or organization. Today, bankruptcy of enterprises is common occurrence, and have very bad impact on the whole economy of a particular country. What is more, in times when trade credit is one of the main sources of short-time financing, insolvency of one enterprise may lead to bankruptcy of few other businesses. In Poland, since the year 2003, in many industries can be observed an improvement in the number of insolvencies and bankruptcies of enterprises. However, the air transportation industry, in contrast, is going through a worldwide crisis and also the restaurants and hotel sector is having a hard time because of less tourism and lower domestic demand. But generally, Poland has shown a strong decline in the number of insolvencies for 2004, in line with strong GDP growth. This situation should not change in 2005: indeed, excellent economic growth forecasts will allow failures to continue to fall in Poland due to the high mortality rate of the many newly created companies. Bankruptcy proceedings differ depending on country and law regulations. Unfortunately, in Poland, legal cases taken against institutions and enterprises which are unable to pay their debts, are not thought well, and should be changed. And the aim of this paper is to present how process of bankruptcy looks like in Poland and to show lack of its efficiency and indicate reasons of it. Also, its objective is to answer the questions: what can be done to improve bankruptcy proceedings, by whom and how make advance and speed up process of dept vindication?