PPE 3/2026
Skutki ogłoszenia upadłości w toku sądowego postępowania egzekucyjnego
dr hab. Anna Kościółek, prof. UR
Zakład Postępowania Cywilnego w Instytucie Nauk Prawnych, Uniwersytet Rzeszowski, Polska; ORCID: 0000-0003-2656-3453
ABSTRACT
Consequences of a Declaration of Bankruptcy in the Course of Judicial Enforcement Proceedings
dr hab. Anna Kościółek, professor at the Rzeszów University, Department of Civil Procedure at the Institute of Legal Sciences, Rzeszów University, Poland; ORCID: 0000-0003-2656-3453
The subject of the article includes the issue of consequences of declaration of bankruptcy in the course of enforcement proceedings. The analysis covers the rule of conflict contained in Article 146, paragraphs 1 and 2, of the Bankruptcy Law, which aims to resolve the conflict between the proper bankruptcy proceedings and the enforcement proceedings initiated before the date of bankruptcy declaration.
Based on the considerations of this paper, it was concluded that declaring bankruptcy results in the suspension of enforcement proceedings directed against assets included in the bankruptcy estate and initiated before the date of bankruptcy declaration. The suspension of enforcement proceedings occurs by operation of law and is effective from the start of the day of bankruptcy declaration. In the course of the suspension no enforcement actions are permitted, except those expressly permitted by law. It is particularly permitted to adjudicate ownership of real estate if a final bid was awarded before the bankruptcy declaration and the purchase price was paid on time. This possibility exists both before and after the bankruptcy declaration becomes final. Enforcement proceedings against assets included in the bankruptcy estate, initiated before the date of bankruptcy declaration and suspended on the date of bankruptcy declaration, shall be discontinued by operation of law after the bankruptcy declaration becomes final. Amounts obtained in the course of suspended enforcement proceedings and not yet released shall be transferred to the bankruptcy estate after the bankruptcy decision becomes final. When deciding on the transfer of the amounts the enforcement authority should issue a decision that is not subject to appeal.
Keywords: declaration of bankruptcy, enforcement proceedings, suspension of enforcement proceedings, discontinuance of proceedings, adjudication of real estate ownership