We would like to recommend another issue of a specialist magazine entitled: “Wirtschaft und Recht in Osteuropa” (in English: Economy and Law in Eastern Europe) in which the second part of the article called: “Registered Pledge on an Enterprise in Polish Law” (“Das Registerpfandrecht an Unternehmen im polnischen Recht”) was published. The article has been cowritten by advocate Katarzyna Domańska-Mołdawa, PhD, Partner of BSJP Law Firm.
- Reasons to dismiss a petition for bankruptcy by the court;
- Does the creditor, the claim of which is secured with a registered pledge on assets of the bankrupt debtor, has to report its claims in order to participate in the bankruptcy proceedings?
- Does encumbrance with the registered pledge of the bankrupt's assets may limit a possibility of the so called pre-pack sale?
- Unacceptability of encumbering the assets comprising the bankruptcy estate with a registered pledge after a declaration of bankruptcy in order to secure a claim which arouse before the declaration of bankruptcy;
- Ineffectiveness of the registered pledge;
- When is a bankrupt debtor not a personal debtor?
- Making an arrangement; arrangement proposals;
- Satisfaction of the pledgee; a subject of the pledge in the possession of the receiver, the pledgee or a third party;
- Arrangement and a claim secured on the debtor's property by, among others, a registered pledge;
- Irrevocable and unconditional consent of the creditor to include the above claims in the arrangement;
- Partial agreement;
- Unacceptability of encumbering the debtor's assets with a registered pledge after the opening of restructuring proceedings (prohibition to encumber);
- Exceptions to the prohibition to encumber;
- Enforcement from the restricting proceedings (arrangement proceedings, remedial proceedings)
- Satisfaction of the registered pledgee outside the enforcement proceedings (two situations);
- Restructuring of the debtor's assets in the remedial proceedings.
The article in question is summed up with a discussion regarding practical problems and proposals for their solution.