Conference: Ineffectiveness of legal actions in Bankruptcy and Restructuring Law

Conference: Ineffectiveness of legal actions in Bankruptcy and Restructuring Law

On 18 May 2018, a conference devoted to the ineffectiveness of legal actions in bankruptcy and restructuring proceedings was held in Poznań. The organizers were: A. Mickiewicz University, Lazarski University and the Academy of Restructuring. The works were directed by: Dr. Patryk Filipiak and Prof. Anna Hrycaj. The partners of the conference were, among others, the National Chamber of Restructuring Advisors. The media patron was the Restructuring Advisor, Wolters Kluwer and TVP3 Poznań.

The conference brought together nearly 200 representatives of science and practice of bankruptcy law. The speakers were the most eminent specialists in the field. The order of the speeches was as follows:

  • Maciej Gutowski, who generally discussed the legal nature of ineffectiveness in civil law and bankruptcy law,
  • Andrzej Torbus, PhD, who presented an emancipation model of ineffectiveness in bankruptcy law,
  • Dr. Annerose Tashiro, who discussed the reform of the institutions of inefficiency in German law,
  • Feliks Zedler, who presented the problem of ineffectiveness of marriage property agreements,
  • legal adviser Piotr Zimmerman, who presented practical aspects of ineffectiveness and invalidity of assignment of future receivables in restructuring proceedings,
  • Andrzej Jakubecki, who discussed the problems and challenges of the procedure of determining the ineffectiveness of legal transactions in bankruptcy law,
  • dr hab. Anna Hrycaj , who presented the issue of bankruptcy of a debtor in the context of pursuing claims for ineffective legal actions
  • Dr. Patryk Filipiak, who analyzed the legal consequences of bankruptcy of a third party on claims for ineffectiveness of legal actions.

A new feature was the presentation of the topic during a poster session. The media were the content of the poster in A0 format and the author’s commentary. Four participants of the poster session gave short messages:

  • Mateusz Buszkiewicz, in the field of conflict of laws regulations concerning the Pauline complaint in the EU Regulation No. 2015/848,
  • Mikołaj Kondej, PhD, presenting the tax consequences of transferring to the bankruptcy estate an asset which is the subject of an ineffective action,
  • legal adviser Rafał Waszkiewicz, discussing the impact of declaring a third party bankrupt on the execution of its assets by a Paulian creditor; and
  • legal adviser Bartosz Sierakowski, who presented a model of securing claims for ineffectiveness in proceedings before a commissioner’s judge.

The conference was enriched by a speech by French (lawyer) and German (lawyer) Ronan Dugué, who discussed the institution of bankruptcy ineffectiveness under French law.

The whole event should be considered as very successful. The participants took part in the discussion. It turned out that there were many threads that still required in-depth study and analysis.

The organisation of the conference was very good. The new feature was the poster session and the presentation of the issues of French insolvency law by means of a video recording on a screen. Additionally, the lectures of the speakers will be published in the magazine Polski Proces Cywilny and in the Restructuring Advisor.

The organizers invited to the next events of the series. On November 30, 2018, a conference devoted to the Pauline complaint in civil law and procedure will take place in Lazarski University in Warsaw. On 14 June 2019, a meeting will be held in Poznań on the impact of the declaration of bankruptcy on the proceedings.

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