The Supreme Court will determine when the time limit for the creditor to file an appeal against the order establishing the creditors’ repayment plan begins to run.
The Supreme Court received a question concerning bankruptcy proceedings conducted for natural persons not conducting business activity. The author of the question is the Regional Court in Warsaw, which raised doubts in connection with the dispute under consideration concerning the time limit for filing an appeal against the decision on determining the creditors’ repayment plan.
In the case analysed by the Regional Court, the District Court issued a decision on discontinuance of the bankrupt’s liabilities without establishing a repayment plan. The housing association, which was one of the creditors, requested a statement of reasons for the decision and at the same time appealed against the decision. The creditor’s actions failed because, in the opinion of the District Court, the decision was already valid on the day it was delivered to the creditor’s attorney.
The creditor did not agree with the decision of the District Court and filed a complaint against the issued decision. The Regional Court in Warsaw, examining the complaint, acquired legal doubts and decided to ask a question to the Supreme Court: “Does the time limit for the creditor to file a complaint against the decision on determining the repayment plan of the bankrupt’s creditors start to run from the date of announcing the decision in this matter at a public hearing or from the date of service?
The case is pending under case number III CZP 76/18.