Odzyskiwanie należności w świetle przepisów prawa upadłościowego i naprawczego

Abstract

The aim of the article is to present the possibilities of retrieving debts from insolvent debtors, described by the bill: Bankruptcy and Reparation Law. In the conditions of the deteriorating liquidity, for many companies the risk of insolvency is one of the most important current problems of their activities. The appropriately early identification of the insolvency risk is essential for both debtor and creditor, who due to protect his own business can go into action giving the opportunity for retrieving money - or at least a part of it. Since 01.10.2003 the law frame of those activities has been defined in the bill: Bankruptcy and Reparation Law from 28.02.2003 (Dz.U. 2003, No. 60, item 535). The presented article includes the treatment of: - the general assumptions of the bill Bankruptcy and Reparation Law, - normalisations conducive to satisfying creditors’ claims, - the construction and role of creditors organs in bankruptcy action, - the rules of making the list of creditors, - the order of satisfying creditors, - the position of creditor in reparation action.