Consumer Bankruptcy and Alimony – What You Need to Know

Does declaring consumer bankruptcy end the obligation to pay alimony? No. Alimony holds a special status in bankruptcy proceedings — the obligation to pay remains in force, though the method of enforcement changes.

If you owe or receive alimony, learn how the process works after bankruptcy is declared and what steps you can take.

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What is consumer bankruptcy?

Consumer bankruptcy is a court proceeding that allows an individual (not conducting business activity) to discharge debts in the event of permanent insolvency. The goal is to provide a “fresh start” — though not all obligations may be discharged.

Who is entitled to alimony?

Alimony is granted to individuals who cannot support themselves — most commonly children. It may also apply to former spouses or others designated by a court ruling or a settlement before a mediator. Alimony can take monetary or material form.

How to claim alimony in consumer bankruptcy?

After bankruptcy is declared, the court appoints a trustee (syndyk) to manage the debtor’s assets. The trustee pays alimony from the debtor’s income or assets. If alimony payments are in arrears, the entitled person must report the claim in the bankruptcy proceeding.

Key information:

• Alimony is a priority debt (Category I on the list of claims).

• The entitled party must submit the claim to the trustee, attaching a court judgment or settlement.

• The trustee may deduct up to 3/5 of the debtor’s wages, even from minimum wage.

Example: Anna was receiving alimony from her ex-husband, who declared bankruptcy. She feared the payments would stop. After contacting the trustee and presenting a court ruling, she learned that alimony would still be paid — from her ex-husband’s wages.

What if alimony is not paid?

If the debtor’s estate lacks sufficient funds, the entitled person can:

• Apply for payments from the Alimony Fund, or

• Request a certificate from the trustee confirming lack of assets — this acts like a bailiff’s confirmation of ineffective enforcement.

Note: Bankruptcy proceedings automatically suspend all ongoing enforcement (e.g., by bailiffs). You cannot initiate new enforcement either. Promptly contact the trustee for a certificate.

What is the Alimony Fund and when can you use it??

The Alimony Fund is a public program that pays alimony when the obligated person fails to do so.

To receive support from the fund, you must:

• Hold a court ruling or settlement specifying the alimony amount,

• Prove that enforcement was ineffective (e.g., trustee certificate),

• Meet the income threshold — currently PLN 1209 net per person in the household (valid 01.10.2024–30.09.2025).

Which debts are not discharged in consumer bankruptcy?

According to Article 491(12)(2) of the Bankruptcy Law, some obligations remain even after the proceeding ends:

• Alimony arrears and ongoing payments

• Compensation annuities (e.g., for disability, death)

• Fines and court-ordered damage compensation

• Debts from crimes/offenses confirmed by final rulings

• Debts intentionally hidden from the court

Example: Tomasz owed PLN 20,000 in alimony to his daughter. After declaring bankruptcy, he reported all debts, but the alimony arrears weren’t discharged. He still had to pay them after the proceeding ended.

Summary:

Key points about alimony in consumer bankruptcy:

• Bankruptcy does not cancel the alimony obligation – Alimony is paid first, from wages or assets

• The entitled party must report the claim to the trustee with relevant documents

• Up to 3/5 of the debtor’s salary can be deducted

• If there are no assets, apply to the Alimony Fund with the trustee’s certificate

• Unpaid alimony is never discharged — it can be claimed even after bankruptcy ends

Need help with alimony in consumer bankruptcy?

Are you entitled to alimony and need to submit a claim? Or are you a debtor unsure how to comply with the obligation?

Contact our law firm – we offer comprehensive assistance in bankruptcy and family law matters. We’ll help you recover alimony or properly manage your obligations!

FAQ – Frequently Asked Questions

Do I still have to pay alimony after declaring bankruptcy?

Yes. Alimony must still be paid and is given priority. The trustee may deduct up to 3/5 of your wages.

Can I submit alimony arrears for discharge in bankruptcy?

No. Alimony arrears are not discharged — the creditor may still demand payment.

What if the trustee doesn’t pay alimony?

Apply to the Alimony Fund with a certificate from the trustee confirming a lack of funds.

How do I report alimony in bankruptcy?

Submit your claim to the trustee and provide a court judgment or settlement confirming the obligation.

Can I claim alimony if the debtor declares bankruptcy?

Yes. Payments can be made from wages. If unavailable, apply to the Alimony Fund.

Can a bailiff enforce alimony after bankruptcy?

No. Bailiff proceedings are halted after bankruptcy. Only the trustee can manage payments. If you’re owed alimony, contact the trustee and provide documentation.

Need more help? Get in touch with our law firm – we’ll support you in all matters related to alimony and consumer bankruptcy!