Worldwide, in many countries, there are functioning legal regulations allowing the consumer for declaring their bankruptcy. The solutions applied are based on the Anglo-Saxon (more liberal) or European continental (more rigorous and putting a greater pressure on consumer,s rehabilitation) law. In 2008, also in Poland, there was adopted the consumer bankruptcy act. Undoubtedly, this is a step in the proper direction as it allows for a social and economic rehabilitation of the debtor; however, the act contains some elements that weaken the position of both the debtor (obligatory sale of house/flat, lack of the possibility of petitioning in bankruptcy by married couples) and creditors (lack of provision of the creditors with information on change of the debtor's income, lack of the possibility of petitioning in debtor' bankruptcy).