PPE 2/2025
Upadłość dłużnika a koszty komornicze
dr Joanna Szachta
prawnik w kancelarii komorniczej; ORCID: 0000-0002-8042-8212
Marzena Świeczkowska-Wójcikowska
adwokat; ORCID: 0009-0006-2434-9401
ABSTRACT
Bankruptcy of a Debtor and Bailiff’s Costs
dr Joanna Szachta, lawyer in a bailiff’s office; ORCID: 0000-0002-8042-8212
Marzena Świeczkowska-Wójcikowska, advocate; ORCID: 0009-0006-2434-9401
The purpose of this article is to present the situation of a bailiff as an entity involved in the bankrupt’s repayment plan of the first category where the cost of enforcement proceedings have been lawfully defined, given the example of the specific actual situation. The analysis is based on the ruling issued by the Regional Court in Gdańsk, which approved our position presented in the complaint against the District Court’s ruling. Arguments presented in the complaint were re-stated in the article. At the same time, the article is supplemented with the analysis of a situation where a bailiff did not define the costs of proceedings or the ruling on costs was not binding prior to the announcement of the debtor’s bankruptcy. In the opinion of the authors of this article, the bailiff should be paid bailiff’s costs, including in particular a fee, and such costs are exacted or collected from the sum paid to the bailiff and then transferred to the bankruptcy estate, whether the ruling on the costs is binding or not, and even if the costs were defined. The conclusion is that the bailiff is not involved in the repayment plan, because the funds are transferred to the bankruptcy estate upon the bailiff’s costs due to the bailiff are exacted or collected.
Keywords: debtor’s bankruptcy, bailiff’s costs, bankrupt’s repayment plan, categories of satisfaction, bailiff