Dr Maciej Pannert Doctor of Laws. Assistant professor at the Department of Civil and Commercial Law at the Faculty of Law of the University of Białystok. Author of publications in the field of civil and bankruptcy law, including monographs and articles in scored journals.
The subject of the considerations of this article is the issue of mixed bankruptcy ability, the essence of which, in general, boils down to the possibility of initiating (in the circumstances specified in Articles 8 and 9 of bankruptcy law), at the request of the creditor, bankruptcy proceedings against a natural person not conducting business activity when the rule is to initiate such proceedings only at the debtor's request. This legal structure under the legal status prior to March 24, 2020 raised legitimate controversy, especially as to whether at the same time the right to file a bankruptcy petition is available to both the creditor and the debtor. Another debatable issue was the possible collision of applications submitted simultaneously by the creditor and the debtor. So, did either of these applications have priority, or did both of them constitute a common ground for opening bankruptcy proceedings? The aim of the article is therefore an attempt to answer the question whether the problems posed in this respect by the current legal status are valid under the bankruptcy law amended on 24/03/2020. The article will use the formal-dogmatic and historical method.
In the current legal status, the debt relief procedure is available to natural persons irrespective of whether they are entrepreneurs or do not conduct business activity. The amendment to the provisions of bankruptcy law made on March 24, 2020 also unified the purpose of entrepreneurial and consumer bankruptcy. Therefore, the question maybe asked whether this is a purely editorial procedure or whether it also includes a substantive change. An attempt to aswer this question will be analyzed in this article. The research method used in the analysis of the subject will be the formal, dogmatic and historical method.
Dr Maciej Pannert
Doctor of Laws. Assistant professor at the Department of Civil and Commercial Law at the Faculty of Law of the University of Białystok. Author of publications in the field of civil and bankruptcy law, including monographs and articles in scored journals.