Abstract

In the bankruptcy proceedings as a rule no witness expert evidence is produced. However, there are such situations in the proceedings for the declaration of personal bankruptcy whereby allowing expert witness evidence is the only way to expose facts that are of material importance for the case. However, owing to the specificity of such proceedings the rules giving evidence laid down in Art. 232 of the Code of Civil Procedure should be interpreted that while the debtor is obliged to present evidence for stating the facts from which legal consequences are deduced, in particular request that witness expert evidence be allowed if special information is needed to resolve the case, allowing expert witness evidence by the bankruptcy court ex officio (not requested by a party) would be inadmissible. In the commented judgment the Regional Court in Rzeszów dismissed a debtor’s complaint against the decision of the bankruptcy court dated 26 October 2017 dismissing the request for the declaration of bankruptcy according to the provisions laid down in Part I Title IV of the Bankruptcy Act of 28 February 2003. The gloss evaluates the line of reasoning presented by the court in the statement of the grounds for that decision in the context of admissibility of expert witness evidence in the proceedings for personal bankruptcy.