A motion for bankruptcy may be supplemented


Pursuant to the draft legislation of October 22, 2010 which is to change the Act on Bankruptcy and Reorganisation Law, if a petitioner represented by an advocate or a legal adviser files a motion for declaring bankruptcy which does not meet the requirements as set forth in the Act or which has not been properly paid for, the motion is returned and a court does not summon for supplementing the motion or for paying for it.

However, if within one week from receipt of the ruling on return of the motion due to the above reasons, the motion for declaring bankruptcy has been filed again in a manner which meets the requirements as stipulated by the Act and has been properly paid for, then it will cause consequences from the date it had been filed for the first time. The consequences will not be caused in case the motion has been returned again due to the same reason. The provisions binding so far, which have not been making it possible to supplement the motion by the debtor who is not assisted by a professional proxy, were recognised as being contrary to the Constitution of the Republic of Poland. The Act was forwarded to the President of the Republic of Poland for the purpose of signing.


Designed by i2D