Legislator Case Law & Legislation
III PK 1/05 AI generated

Bankruptcy court denied offset claim because debt arose after bankruptcy declaration and criminal conviction bars offset.

Case Number III PK 1/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the bankruptcy trustee's appeal regarding a claim for offset against a former employee. The employee owed money for damages caused by intentional criminal acts committed before the bankruptcy declaration. The court ruled that offset is only permissible if the counterclaim existed before bankruptcy, which was not the case here. Furthermore, the court held that debts arising from intentional torts cannot be offset under civil law, regardless of the timing.

Legislator headnote

AI generated

Art. 36 ust. 1 k.p.; Art. 498-505 k.c.: A creditor cannot claim offset against a debtor in bankruptcy if the counterclaim arose after the bankruptcy declaration, and debts resulting from intentional torts are non-offsettable under civil law.

Keywords

AI generated
bankruptcy offset intentional tort post-bankruptcy debt civil code provisions criminal conviction impact non-offsettable claims supreme court ruling

Cited Legislation

AI generated
Art. 36 ust. 1 k.p.
Art. 498-505 k.c.
Art. 505 pkt 3 k.c.
Art. 11 k.p.c.
Art. 39312 k.p.c.
art. 114 k.p
art. 291 § 2 k.p
art. 442 § 2 k.c
art. 505 k.c
art. 122 k.p

Cited Case Law

AI generated
I CKN 3/97
II CR 46/74

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