Abstract

The commented decision concerns an important issue of admissibility of bringing in an action against the receiver or the bankrupt with respect to the bankrupt’s assets for a formal claim covering a debt subject to the procedure of reporting and acknowledgement under the bankruptcy proceedings. The gloss provides arguments for admissibility of a judicial action for such a formal claim and for accepting that an action concerning a debt subject to the to the procedure of reporting and acknowledgement under the bankruptcy proceedings against the bankrupt or the receiver should be treated as the claimant’s having selected an inappropriate type of civil proceedings to settle a civil matter relating to the bankrupt’s assets. I was presumed that in such a situation the action should be transferred to the bankruptcy judge as a declaration of claim to be considered in the bankruptcy proceedings under Art. 201 § 1 and 2 of the Code of Civil Proceedings applied by analogy.