At the end of the insolvency proceedings, the trustee must settle the following

At the end of the insolvency proceedings, the trustee must settle the following

The Court of Appeal in Warsaw, hearing the case under file ref. no. V ACa 759/18, decided that after the bankruptcy proceedings, the trustee is obliged to settle the case quickly and not to extend the function performed so far.

The case analyzed by the Court of Appeal in Warsaw was the result of bankruptcy proceedings conducted against a Warsaw construction company whose founding body was the Mazovian Voivode.

After the decision on the termination of bankruptcy proceedings was issued, the trustee performed his function for 2 and a half years, incurring, among others, the costs of running the office and hiring employees, as well as the costs of his remuneration in the amount of PLN 400 thousand. Despite being called to account by the voivode, the trustee still performed his function, from which he was removed by the temporary manager with the help of the bailiff.

The Court of First Instance ordered the former trustee to pay PLN 400 thousand. The trustee appealed, indicating that “the decision to terminate the trustee’s term of office should be taken by the trustee to terminate all activities and to remove the company from the court register”. On the other hand, in response to the appeals, the attorney of the General Prosecutor’s Office indicated that “the trustee‘s duty is to settle accounts with the owner of the company after the bankruptcy proceedings have been completed. His further actions and expenses had no legal basis, so he has to reimburse the money”.



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