Abstract
This article refers to one of the issues relating to the futility of legal actions owing to debtor’s bankruptcy. This institution has been meant to defend creditor’s interests against debtor’s actions performed prior to the declaration of bankruptcy to the detriment of all creditors. The futility of bankrupt’s actions give rise to far-reaching consequences vis-a-vis third parties. This article analyses the situation whereby the bankruptcy estate is sufficient to cover the costs of the bankruptcy proceedings and to satisfy all creditors. It is argued that in such a case the third party which entered into a transaction with the bankrupt may relieve themselves of liability by referring to overliquidity of the bankruptcy estate.