Best prices Special offers for members of the PWE book club The cheapest delivery
Dr hab. Andrzej Torbus
ORCID: 0000-0003-3930-2658
Professor at the University of Silesia, Faculty of Law and Administration, University of Silesia, Legal Counsel.
DOI: 10.33226/0137-5490.2021.1.2
JEL: K23

The purpose of the article is to discuss the principles of satisfying the debt of a borrower who has made an early loan repayment after the declaration of bankruptcy of the SKOK. The bankruptcy declaration made by a bank or by a savings and credit union does not affect the right of a consumer borrower to repay a credit earlier under the Article 48 and 49 ust. 1 of the Consumer Credit Act. If the loan has been granted before the bankruptcy was declared, the consumer credit agreement remains in force. The borrower has the obligation to repay the instalments, unless he repay a credit earlier. The early repayment means that the agreement ends and the a borrower has a claim against the bankruptcy estate for the operational costs under the Article 49 ust. 1 of the Consumer Credit Act. The claim arises after the commencement of the bankruptcy as a result of an elimination of the legal basis for the obligation (Article 410 § 2 of the Civil Code). This claim is generally satisfied wholly by a bankruptcy receiver from the bankruptcy estate without the need to present it in the bankruptcy proceedings.

Keywords: bankruptcy declaration; bank; savings and credit union; consumer; early repayment

Professor at the University of Silesia, Faculty of Law and Administration, University of Silesia, Legal Counsel.