14 janvier 2025
R&I Update - January 2025 – 5 de 6 Publications
Poland’s Supreme Court has clarified an important point in insolvency law: a court order to treat a lawsuit filed against an insolvent debtor as a creditor claim and to refer it to the appointed insolvency administrator can be challenged by the administrator via appeal. This ruling provides much-needed clarity for creditors navigating bankruptcy proceedings.
Lawsuits filed against a bankrupt debtor after insolvency proceedings have commenced are commonly treated as creditor claims.
Following the bankruptcy of a debtor, creditors were required to submit claims directly to the insolvency administrator. Typically, a creditor would file a lawsuit for payment against a bankrupt debtor and the court would treat the lawsuit as a creditor claim and forward it to the insolvency administrator by way of a court order. The insolvency administrators’ right to appeal such orders was often contested. It was argued that administrators lacked solid grounds for appeal under Polish procedural law.
Polish procedural law does not explicitly address whether such orders can be appealed.
The Supreme Court accepted the insolvency administrators’ right to appeal the court order forwarding the claim to an insolvency administrator. The Supreme Court explained its position by analogy to the Polish Civil Procedure Code, which permits appeals in cases where matters are referred to another court or procedural track.
Court orders referring claims to insolvency administrators are appealable, ensuring greater oversight. This ruling harmonises procedural rights in insolvency cases and ensures transparency in insolvency proceedings.
To discuss the issues raised in this article in more detail, please contact a member of our Restructuring & Insolvency team.
14 January 2025
14 January 2025
14 January 2025
14 January 2025
14 January 2025
14 January 2025
par Louise Jennings