Consumer Bankruptcy – the Direction of Legislative Changes

Paweł Wrzaszcz

John Paul II Catholic University in Lublin

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Law and Forensic Science, Volume 16 (2018/2), pages 29-34.

Submitted: October 24, 2018

The author declares there is no conflict of interest.

Abstract:  The proposed changes in relation to consumer bankruptcy may constitute a revolutionary legislative change in relation to debtors. Liberalization of regulations in this area will lead to increased amounts of announced consumer bankruptcies. It seems, however, that the proposed changes disturb the balance between the need to protect the interests of creditors and support the legal protection of the debtor. The key is to determine whether State’s task is to protect creditors against insolvent debtors or to support unreliable debtors. Too loose the introduction of legislative changes can significantly reduce social morale and encourage citizens to take unfair actions. The author undertakes an attempt to critically evaluate the proposed changes, referring both to its positive aspects and negative aspects. At the same time, he points out those legal solutions that may have negative consequences for legal transactions, as well as may be subject to negative public perception.

Keywords: bankruptcy, consumer law, law reform

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