Polish Law and Legal System
Peer reviewed
Abstract
Abstract
Consequences of a Declaration of Bankruptcy in the Course of Judicial Enforcement Proceedings dr hab. Anna Kościółek, professor at the Rzeszów University, Department of Civil Procedure at the Institute of Legal Sciences, Rzeszów University, Poland; ORCID: 0000-0003-2656-3453 The subject of the article includes the issue of consequences of declaration of bankruptcy in the course of enforcement proceedings. The analysis covers the rule of conflict contained in Article 146, paragraphs 1 and 2, of the Bankruptcy Law, which aims to resolve the conflict between the proper bankruptcy proceedings and the enforcement proceedings initiated before the date of bankruptcy declaration. Based on the considerations of this paper, it was concluded that declaring bankruptcy results in the suspension of enforcement proceedings directed against assets included in the bankruptcy estate and initiated before the date of bankruptcy declaration. The suspension of enforcement proceedings occurs by operation of law and is effective from the start of the day of bankruptcy declaration. In the course of the suspension no enforcement actions are permitted, except those expressly permitted by law. It is particularly permitted to adjudicate ownership of real estate if a final bid was awarded before the bankruptcy declaration and the purchase price was paid on time. This possibility exists both before and after the bankruptcy declaration becomes final. Enforcement proceedings against assets included in the bankruptcy estate, initiated before the date of bankruptcy declaration and suspended on the date of bankruptcy declaration, shall be discontinued by operation of law after the bankruptcy declaration becomes final. Amounts obtained in the course of suspended enforcement proceedings and not yet released shall be transferred to the bankruptcy estate after the bankruptcy decision becomes final. When deciding on the transfer of the amounts the enforcement authority should issue a decision that is not subject to appeal. Keywords: declaration of bankruptcy, enforcement proceedings, suspension of enforcement proceedings, discontinuance of proceedings, adjudication of real estate ownership
Direct answer
What can I do from this paper page?
Use this page to scan "Skutki ogłoszenia upadłości w toku sądowego postępowania egzekucyjnego" quickly: start with the summary and abstract, then check the authors, source, topics, and related papers. From here, open Scollr to follow Polish Law and Legal System research, save the paper, or map adjacent work.
Research areas
Follow related topics
Citation
BibTeX
@article{Kociek2026Skutki,
title = {Skutki ogłoszenia upadłości w toku sądowego postępowania egzekucyjnego},
author = {Anna Kościółek},
journal = {Przegląd Prawa Egzekucyjnego},
year = {2026},
doi = {10.62627/ppe.2026.020},
url = {https://doi.org/10.62627/ppe.2026.020}
}FAQ
Using this paper in a discovery workflow
How do I find related work for this paper?
Use the related papers and topic links on this page as starting points. In Scollr, you can also open the paper and build a literature map around its references, citing papers, and related work.
How can I keep up with new Polish Law and Legal System research papers?
Follow Polish Law and Legal System research in Scollr. New papers from the topic flow into a personalized feed, and you can save useful studies to revisit later.
Can I cite this paper from this page?
This page includes a static BibTeX block for Skutki ogłoszenia upadłości w toku sądowego postępowania egzekucyjnego. Always verify the DOI, source, and publication details against the publisher record before submitting a manuscript.
Follow this research in Scollr
Follow the topics and authors behind this paper, save useful studies, and build a literature map when you are ready to go deeper.
Get the app