Legislator Case Law & Legislation
I PZP 33/94 AI generated

Civil suit filed after bankruptcy declaration regarding post-bankruptcy employee wages is not inadmissible but must be transferred to the bankruptcy judge.

Case Number I PZP 33/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding a civil lawsuit filed after a debtor's bankruptcy declaration concerning employee wages generated by the bankruptcy administrator. The bankruptcy administrator argued the claim was inadmissible because the debt was already included in the official creditor list, while the plaintiffs sought monetary compensation for their termination. The court ruled that while the civil court lacks jurisdiction, the claim is not inadmissible and must be transferred to the bankruptcy judge to prevent duplicate satisfaction.

Legislator headnote

AI generated

Art. 60 of the Bankruptcy Act; Art. 201 of the Code of Civil Procedure: A civil suit filed after bankruptcy declaration regarding post-bankruptcy employee wages is not inadmissible but constitutes an improper procedure, requiring transfer to the bankruptcy judge.

Keywords

AI generated
bankruptcy declaration employee wages improper procedure creditor list transfer to judge dual proceedings bankruptcy administrator

Cited Legislation

AI generated
Art. 60 of the Bankruptcy Act
Art. 2 § 3 of the Code of Civil Procedure
Art. 201 of the Code of Civil Procedure
Art. 464 § 2 of the Code of Civil Procedure
Art. 199 § 1 pkt 2 of the Code of Civil Procedure
Art. 68 of the Bankruptcy Act
Art. 7a ust. 5 of the Act on Special Rules for Resolving Employment Relationships
art. 391 k.p.c
art. 174 § 1 pkt 4 k.p.c
art. 481 k.c

Cited Case Law

AI generated
I CR 100/67
III CZP 22/92

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