No complaint against entry in the register of unconstitutional debtors
The Constitutional Tribunal in its judgment of 26 November 2019, in the case file no.: P 9/18, found it unconstitutional to exclude the obligation of a court to deliver to a participant in registration proceedings a decision on entry into the register of insolvent debtors. Moreover, he also found it unconstitutional to deprive a party to these proceedings of the right to file a complaint against a decision of a court referendary ordering entry in the register of insolvent debtors.
The decision of the Constitutional Tribunal was issued as a result of legal questions from the District Court in Białystok, 12th Commercial Division of the National Court Register. These questions concerned the issue of the impossibility to appeal against the decision of a court referendary in respect of an entry in the Register of Insolvent Debtors.
In the Register of Insolvent Debtors there are entered, among others, persons against whom the bankruptcy court has ruled a ban on conducting business activity and who are overdue for more than six months with payment of alimony.