PPE 2/2026
Wpływ ogłoszenia upadłości na sądowe postępowanie egzekucyjne obejmujące egzekucję z nieruchomości
dr Joanna Szachta
prawnik w kancelarii komorniczej; ORCID: 0000-0002-8042-8212
ABSTRACT
The Impact of a Bankruptcy Declaration on Judicial Enforcement Proceedings Involving the Enforcement Against Immovable Property
dr Joanna Szachta, lawyer in a bailiff’s office; ORCID: 0000-0002-8042-8212
The purpose of this study is to discuss issues arising from the declaration of a debtor’s bankruptcy, with particular emphasis on the obligation to transfer to the bankruptcy estate funds obtained in suspended enforcement proceedings that have not yet been distributed. The analysis is conducted from the perspective of the preparation by a court bailiff of a distribution plan concerning sums obtained from enforcement against real property and the subsequent finality of such a plan. Consideration is given to whether, after the distribution plan has become final but prior to the declaration of bankruptcy, the enforcement authority may disburse the funds in accordance with that plan if the disbursement is to take place after the debtor has been declared bankrupt, or whether such funds should instead be transferred to the bankruptcy estate. Attention is also drawn to the issue of whether the transfer of funds to the bankruptcy estate should concern only sums obtained during the suspension of the proceedings, i.e. after the declaration of bankruptcy, or also sums obtained prior to the declaration of bankruptcy that have not yet been disbursed to creditors (e.g. the first attachment from a bank account). The issues discussed have thus far not been the subject of broader analysis in legal scholarship or case law. The matter is of considerable practical importance in view of the increasing number of bankruptcy cases.
Keywords: enforcement proceedings, bankruptcy proceedings, bankruptcy, bankruptcy estate, distribution plan, declaration of bankruptcy, enforcement against immovable property, stay of proceedings