Odpowiedzialność reprezentanta spółki handlowej w przypadku oddalenia wniosku o ogłoszenie upadłości spółki z powodu ubóstwa masy upadłości
Liability of a commercial company representative in case of a bankruptcy petition dismissal due to the so-called poverty of the bankruptcy estate

Summary/Abstract: The article analyses the issue of liability of commercial companies representatives in case of dismissal of a bankruptcy petition of the company due to the so-called poverty of the bankruptcy estate. The analysis takes into account the regulation of Article 299 (Article 300132) of the Commercial Companies Code and Article 21 section 3 of the Bankruptcy Law. Both regulations are similar at first glance, but due to the judicial way of understanding the concept of “adequate time” for filing a bankruptcy petition, referred to in Article 299 of the Commercial Companies Code, they turn out to have different scopes of application. The provisions of the Commercial Companies Code constitute a broader (and more favorable for creditors) basis for the liability of representatives of companies than the provisions of Bankruptcy Law.

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