{"id":2307,"date":"2026-05-27T06:35:56","date_gmt":"2026-05-27T03:35:56","guid":{"rendered":"https:\/\/svaroglaw.com\/advokat-po-kredytam\/restrukturyzacziya-borgu\/"},"modified":"2026-09-14T22:56:36","modified_gmt":"2026-09-14T19:56:36","slug":"restrukturyzacziya-borgu","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/advokat-po-kredytam\/restrukturyzacziya-borgu\/","title":{"rendered":"Debt restructuring"},"content":{"rendered":"

Debt restructuring means changing the terms of repayment: a new schedule, a smaller monthly payment, a deferral, partial write-off of penalties and fines. A creditor agrees to it on a simple calculation: better to get the money slowly than not at all.<\/p>\n

Almost everyone gets the same step wrong: they negotiate without checking the amount of the debt<\/strong>. And it often contains things that cannot be recovered: unlawful commissions, penalties charged beyond the permitted limits, microfinance interest exceeding the statutory caps, charges added after the contract term ended.<\/p>\n

Audit the debt first, negotiate second. Restructuring an inflated figure means voluntarily acknowledging what a court could have struck out.<\/p><\/blockquote>

<\/svg>+38 095 554-54-24<\/span><\/a>legal consultation<\/span><\/div>\n

Three restructuring routes<\/h2>\n

1. By agreement \u2014 before court<\/h3><\/svg>1\u20132 weeks<\/span><\/div>

The cheapest option. Creditor and debtor sign an addendum: a new schedule, a reduced payment, a payment holiday<\/a>, partial write-off of penalties. It takes one or two weeks and costs no court fee.<\/p>\n

What can usually be negotiated:<\/strong> a reduction of penalties and fines (creditors write these off readily, since they will not collect them anyway), a deferral of principal, an extension of the term.<\/p>\n

What cannot:<\/strong> writing off the principal for no reason. That happens only in insolvency, or where the credit agreement is substantially defective.<\/p>\n

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By signing, you acknowledge the amount of the debt<\/strong>. If it contains unlawful charges, challenging them afterwards becomes far harder, and limitation on the acknowledged part starts running afresh (Art. 264 CC).<\/div><\/div><\/div>

2. Through the courts \u2014 within the dispute<\/h3><\/svg>6\u201310 months<\/span><\/div>

If the creditor has already sued, the court may reduce the penalty<\/strong> where it is excessive compared with the creditor\u2019s actual loss (Art. 551 CC). Courts regularly cut penalties and fines several-fold.<\/p>\n

In the same proceedings you can challenge unlawful commissions, plead limitation against part of the claim, and strip out charges the contract never provided for. The result is the same restructuring, fixed by a judgment.<\/p><\/div>

3. Through personal insolvency<\/h3><\/svg>120 days for the plan<\/span><\/div>

This is restructuring too, but through a court, with an insolvency practitioner. Penalties and fines stop accruing from the day the case is opened (Art. 121 of the Bankruptcy Code), and the debt restructuring plan must be approved by the creditors\u2019 meeting and filed with the court within 120 days<\/strong> of the opening (Art. 124).<\/p>\n

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More on this: Personal insolvency<\/a>.<\/div><\/div><\/div>\n

What to check in the amount<\/h2>\n

Before negotiating, we check:<\/p>\n

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The audit checklist<\/h3>\n\t\t\t<\/div>\n\t\t\t\n\t\t\t