THE LEGAL BASIS OF CONSUMER BANCRUPTCY (Podstawy prawne upadlosci konsumenckiej)

Since 31 March 2009, there is a possibility for personal bankruptcy in Poland. The article presents selected models of personal bankruptcy (fresh start and earned fresh start) in the United States and selected European countries - Great Britain, France and Germany. On the background of these regulations the author has developed legal analysis of Polish solutions. There is a need for their amendment. Model of personal bankruptcy in Poland is too restrictive and often unavailable to people who get into debt not because of their guilt. In practice, the declaration of personal bankruptcy by the court may be more difficult than in the case of trader bankruptcy. In the case of personal bankruptcy there is a requirement for at least two creditors and certificated bankruptcy. Apart form basis for declaration of bankruptcy, the author outlines the course of the liquidation and payment of creditors and proposes amendments which would remove the existing holes in provisions on personal bankruptcy.