Dismissal of the bankruptcy petition

The Constitutional Court on 8th June 2016 held about non-compliance with the Constitution of the Republic of Poland article. 54 paragraph 1. 1 of the Bankruptcy and Reorganisation Law, which continues to apply for older cases. The Constitutional Court held non-compliance in provision excludes the right to by the debtor, which is not the applicant, complaints on the order of the Court dismissing the bankruptcy petition due to lack of assets to the costs of the bankruptcy.

This decision is important, because the dismissal the bankruptcy petition, in relation to the limited liability company may result in the liability of the members of the Management Board.

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