Bankruptcy law prevails over civil procedure for pre-bankruptcy claims; social benefits claim transferred to insurer.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court set aside a default judgment ordering a bankrupt cooperative to pay wages and sick benefits. The plaintiff argued for civil court proceedings, but the Court held that claims arising before bankruptcy must be handled under bankruptcy law by the bankruptcy judge. Consequently, the wage claim was dismissed as the matter belongs to the ongoing bankruptcy proceedings, while the sick benefit claim was transferred to the Social Insurance Office.
Legislator headnote
AI generatedArt. 1 Prawa upadłościowego; Art. 464 § 1 k.p.c.: Claims arising before the declaration of bankruptcy must be adjudicated in bankruptcy proceedings under the Bankruptcy Act, excluding civil litigation, while social benefit claims are transferred to the competent social insurance institution.