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II UK 489/03 AI generated

Social Insurance Fund allowed to claim interest from bankrupt debtor after bankruptcy proceedings concluded via settlement agreement.

Case Number II UK 489/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the bankruptcy corporation's cassation appeal, allowing the Social Insurance Fund to claim interest from the bankrupt entity. The court held that while interest does not run against the bankruptcy estate, it continues to accrue against the debtor once the settlement agreement is ratified. Consequently, the debtor regains full management rights and remains liable for all outstanding debts, including interest, after the bankruptcy process ends.

Legislator headnote

AI generated

Art. 196 of the Bankruptcy Law; Art. 33 § 1 of the Bankruptcy Law: Interest on claims against the bankrupt debtor continues to accrue after the conclusion of bankruptcy proceedings via a settlement agreement, as the debtor regains management rights and remains personally liable.

Keywords

AI generated
bankruptcy proceedings settlement agreement social insurance claims interest accrual debtor liability bankruptcy estate restructuring plan

Cited Legislation

AI generated
art. 196 of the Bankruptcy Law
art. 33 § 1 of the Bankruptcy Law
art. 90 ust. 1 of the Bankruptcy Law
art. 174 of the Bankruptcy Law
art. 23 of the Social Insurance System Act
art. 25 of the Social Insurance System Act
art. 393 § 1 of the Code of Civil Procedure
art. 39312 k.p.c

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