Abstract

This article concerns liability of a debtor’s representative for a damage suffered by the creditors as a result of not filing for bankruptcy within the statutory period of time (Art. 21.3 of the Bankruptcy Law). The prerequisites for liability of a debtor’s representative have been discussed with a presumption that the damage is equivalent to the unsatisfied claim of the creditor towards the debtor. A note has been taken of the circumstances excluding debtor’s liability, such as e.g. causing the opening, by the deadline of filing for bankruptcy, accelerated arrangement procedure, or arrangement procedure, or remedial procedure, or causing the adoption of an arrangement under the arrangement approval procedure.