Abstract

The publication analyses whether a professional attorney representing a debtor may file a declaration of personal bankruptcy without using the judicial IT system? Since 1 December 2021, the rule applicable in bankruptcy proceedings has been that all pleadings and documents are filed exclusively via the IT system supporting court proceedings using the forms available in this system. An exception to this rule is inter alia a debtor’s right to file a request to declare personal bankruptcy without using the system. In practice, a discrepancy has arisen whether this debtor’s right may also be exercised in a situation when a request to declare personal bankruptcy is filed in their name by a professional attorney. A resolution of this doubt is crucial not only in the theoretical or practical area, but also in the context of an individual’s confidence in the state rules by law or the certainty of the application of law by state authorities, which boils down to providing an individual with legal security.