Legislator Case Law & Legislation
I PZ 22/04 AI generated

Bankruptcy trustee loses standing to appeal after bankruptcy proceedings are dismissed and become final.

Case Number I PZ 22/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the bankruptcy trustee's appeal against a judgment dismissing bankruptcy proceedings. The trustee filed the appeal after the bankruptcy proceedings had already been officially terminated, at which point the debtor regained full control over their assets. Consequently, the court ruled that only the debtor or their legal representative possessed the standing to initiate the appeal, rendering the trustee's action invalid.

Legislator headnote

AI generated

Art. 370 k.p.c.; Art. 393 § 2 k.p.c.; Art. 397 § 2 k.p.c.: A bankruptcy trustee loses procedural standing to appeal after the bankruptcy proceedings are dismissed and become final, as the debtor regains the right to dispose of their assets and act in court.

Keywords

AI generated
bankruptcy trustee procedural standing dismissal of proceedings appeal admissibility debtor's rights civil procedure code legal representation

Cited Legislation

AI generated
Art. 370 k.p.c.
Art. 393 § 2 k.p.c.
Art. 397 § 2 k.p.c.
Art. 86 k.p.c.
Art. 130 k.p.c.
art. 370 k.p.c
art. 391 § 1 k.p.c
art. 198 k.p.c
art. 103 k.c
art. 104 k.c

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