Legislator Case Law & Legislation
II UKN 597/00 AI generated

Bankruptcy law prevails over general civil code; no interest accrues after bankruptcy declaration regardless of payment method.

Case Number II UKN 597/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the creditor's cassation appeal against a lower court ruling that denied interest payments. The creditor argued that interest should accrue from the date of the debt's due date, regardless of the bankruptcy declaration, and claimed the debt was paid in installments rather than a lump sum. The court held that the specific bankruptcy regulation explicitly suspends interest accrual from the date of bankruptcy declaration, overriding the general civil code provision on delayed payment.

Legislator headnote

AI generated

Art. 33 of the Bankruptcy Act; Art. 481 § 1 of the Civil Code: In bankruptcy proceedings, interest does not accrue from the date of bankruptcy declaration, regardless of the delay duration or whether the debt was paid in installments or as a lump sum.

Keywords

AI generated
bankruptcy law interest accrual bankruptcy declaration creditor rights special law prevails installment payments cassation appeal

Cited Legislation

AI generated
Art. 33 of the Bankruptcy Act
Art. 481 § 1 of the Civil Code
Art. 393 § 1 of the Code of Civil Procedure

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