Key information for Getin Noble Bank franchise holders
In connection with the bankruptcy of Getin Noble Bank on July 20, 2023, the situation of CHF borrowers has changed dramatically. They can no longer take legal action in connection with the invalidity of the franc loan agreement. That is why it is so important to make franchise holders aware of what exactly is changing, what they should be prepared for and what steps they should take?
When Getin Noble Bank… is declared bankrupt, the borrower – if he questions the validity of the agreement – should immediately (no later than within 30 days from the date of announcement of bankruptcy, i.e. until August 19, 2023) report his claim for the return of all performance of the invalid loan agreement to the trustee (Article 236(1) et seq. of the P.A.).
Lodging claims is possible… only via the ICT system (https://www.gov.pl/web/justosc/filmy-instruktazowe). When submitting claims, select form 30048 – Submission of claims in bankruptcy proceedings (Business bankruptcy / Letters in post-bankruptcy proceedings / Letters related to the list of claims);
when completing the claim notification form in the field: “Category to which the claim is to be included”, do not select the category. This form provides only 4 categories that are not specific to bank failure. An attachment should be attached to this form, in which the amount of the claim and its correct category will be indicated. No court fee is charged for filing a claim on time.
If the borrower does not report the claim … he will not be a participant in the bankruptcy proceedings and will not receive satisfaction of his claim from the Bank’s assets. Moreover, during the bankruptcy proceedings, the borrower will not be able to bring an action against the Bank for payment (the mode of submitting claims to the list of claims is the only mode of pursuing claims subject to submission in bankruptcy proceedings).
Deduction of the borrower’s receivables from the receivables due to the bank… automatic. The borrower must make his own claims to counter the repayment of the borrowed capital. In order to trigger the effects of the set-off, it is necessary for the borrower to submit a statement on the set-off no later than together with the claim submission (the statement on the set-off should be prepared, e.g. in the form of a document and attached as an attachment to the form in KRZ). In order to set off, it is necessary to submit a statement on the set-off by the borrower no later than with the submission of the claim.
If, prior to declaring bankruptcy, I have filed an action… for payment and/or a determination, then the court examining the case is obliged to suspend the proceedings and summon the insolvency practitioner to participate in the case (Article 174 §1(4) of the Code of Civil Procedure), since both the case for payment and as well as the proceedings to determine the non-existence of a contractual obligation undoubtedly concern the bankruptcy estate (judgment of SA in Warsaw of January 24, 2017, VI ACa 1676/15, LEX No. 2268923).
After declaring bankruptcy, the proper procedure for the borrower to pursue a monetary claim is only to submit the claim to the list. In this respect, the proceedings (in the part concerning the payment proceedings) may be initiated against the bankruptcy trustee only if the borrower’s claim is not included in the list after the procedure specified in the Bankruptcy Law has been exhausted (Article 145(1) in conjunction with Article 263 a.u. – notification of claims, objection, complaint).
In the case of a claim for determination, the court may initiate proceedings ex officio as soon as the person acting as receiver has been identified. The trustee does not have the right to refuse to participate in the proceedings (Article 180 §1 point 5 letter b of the Code of Civil Procedure).