Missed the Deadline to File a Bankruptcy Claim? Here’s What You Can Do

Missed the Deadline to File a Bankruptcy Claim? Not All Is Lost! Find out what you can do to assert your claim despite the delay and avoid financial losses. Bankruptcy proceedings are subject to strict deadlines, and failure to comply may result in serious consequences. One of the key deadlines is the one for filing a claim. What happens if a creditor fails to file their claim on time? Can they still seek repayment?

What is the deadline for filing a claim?

A claim must be filed within 30 days from the date the bankruptcy decision is officially announced. 

This information can be found in:

• The National Debtors Register (KRZ) – for new cases,

   

• The Court and Commercial Gazette (Monitor Sądowy i Gospodarczy) – for older cases.
  

Creditors should regularly monitor these sources to avoid missing important deadlines and suffering the negative consequences of delay.

Example:
Mr. Jan ran a construction business and had an unpaid invoice from one of his clients. Several months later, he found out the debtor had declared bankruptcy. He checked the National Debtors Register and realized that the deadline to file a claim was only a few days away. Thanks to his quick reaction and legal assistance, he managed to submit the claim in time and avoided additional costs.

What if the deadline has passed?

Not all is lost! The law allows claims to be filed after the deadline. Such claims are reviewed just like those filed on time – the trustee (syndyk) will examine them, and if rejected, the creditor has the right to object and appeal at subsequent stages of the proceedings.

However, late filings carry certain consequences.

Example: A transport company failed to file its claim on time because their accountant overlooked the notice of bankruptcy. Two months later, they became aware of the proceedings and submitted the claim. Although they had to pay an additional fee, the claim was accepted, and the company recovered part of the debt.

Consequences of Filing a Claim Late

• Additional costs – A creditor who files their claim late must cover a flat-rate fee equal to 15% of the average monthly wage in the enterprise sector.
  
• No influence on prior decisions – A late creditor cannot contest actions taken by the trustee before the claim was filed.
  
• Limited participation in asset distribution – If a distribution plan has already been prepared, the creditor will only be included in future distributions.
  
• Risk of no recovery – If all bankruptcy estate funds have already been distributed before the claim is filed, the creditor will receive nothing.
  
• Claim ignored entirely – In simplified consumer bankruptcy, claims submitted after the repayment plan has been drafted are not considered at all.

Example: Ms. Maria, who ran a grocery store, did not monitor the bankruptcy of her supplier and filed her claim several months later. The trustee informed her that all assets had already been distributed. Unfortunately, Ms. Maria recovered nothing.

Need help filing a bankruptcy claim?

Don’t risk losing your money! Bankruptcy proceedings demand precision and timeliness – that’s why it’s worth seeking help from a lawyer who will:

• Help you verify the filing deadline,
  
• Prepare all required documentation,
  
• Submit your claim in the correct format,
  
• Represent your interests at every stage of the process.

Contact our law firm and increase your chances of recovering your money!

Summary

Key rules for filing claims in bankruptcy proceedings:

• You have 30 days from the announcement of bankruptcy to file your claim.
  
• You can still file after the deadline, but you’ll incur additional costs.
  
• The later you file, the lower your chances of recovery.
  
• If all funds are distributed before your filing, you will receive nothing.
• It pays to act quickly and consult a lawyer to avoid mistakes and losses.

FAQ – Frequently Asked Questions

Can I file a claim after the deadline?

Yes, but you must account for additional costs and the risk of receiving nothing.

How much does it cost to file a claim late?

The fee is 15% of the average monthly wage in the enterprise sector.

Can I appeal if my claim is rejected??

Yes, you may file an objection, and if necessary, a further complaint (appeal).

What if I file my claim after the distribution plan is approved?

Your claim will only be considered in future distributions of bankruptcy funds.

Can I recover funds if I file very late?

Not if all assets are distributed before your filing – in that case, you will receive nothing.

Can I file a claim at any stage in consumer bankruptcy?

No. Claims submitted after the draft repayment plan or after the proceedings end will not be considered.