Abstract

The problem of the mutual impact of civil and bankruptcy proceedings has been invariably for many years arousing numerous doubts and serious problems. One of the most frequent is a decision what to do with a lawsuit if the defendant is declared bankrupt. Depending on whether the action is brought before or after the defendant is declared bankrupt the procedural decisions of the court would be different. In any case, it is necessary to take into account one of the fundaments principles of civil proceedings – the principle of dispositiveness. The court should not arbitrarily decide for the plaintiff.

It is also important whether the lawsuit does or does not concern assets included in the bankruptcy estate. That is why it is imperative to determine what assets are in accordance with the bankruptcy law excluded from the bankruptcy estate. The article attempts to systematize knowledge that is necessary for the court to make a correct decision what to do with a lawsuit in the situation whereby the defendant has been declared bankrupt – in different procedural configurations, including electronic writ of payment proceedings. It also outline changes in the bankruptcy law that have taken place in recent years, which significantly affect the assessment of a specific case.