The Impact of a Declaration of Consumer Bankruptcy on Pending Court Proceedings - Legal Status After the Amendment

Abstract

The author discusses the issue of the impact of bankruptcy proceedings on pending court proceedings, pointing out that despite the fact that many amendments to the law have been undertaken in this regard, there is still no legal regulation that would raise no doubts in practice. Considers the issue of conducting court proceedings in a situation where the bankruptcy of the defendant - consumer has been announced, in particular taking into account the new legal regulation that has been in force since March 2020. It indicates to what extent the new model of consumer bankruptcy affects the pending proceedings and whether the new regulations guarantee it that they will not lead to a "duplication" of enforcement titles, i.e. a court ruling in the form of a judgment, or an extract from the list of claims in bankruptcy approved by the judge - commissioner. Finally, he puts forward the thesis that the legislator does not support the courts with an effective tool, which should be an electronic bankruptcy register, which would provide courts with access to quick information on whether bankruptcy proceedings are pending, and which, as a result, would guarantee the smooth course of court proceedings.