Precedent ruling of the District Court in Katowice on the possibility of declaring bankruptcy during simplified restructuring proceedings

In June 2021, the District Court in Katowice ruled on the possibility of declaring bankruptcy during simplified restructuring proceedings in the bankruptcy case conducted by the TGA Law Office. The court clearly indicated that from the date of opening the simplified restructuring proceedings, i.e. from the date of making the announcement in the Court and Economic Monitor, it’s not permissible to declare bankruptcy due to the content of Article 9a of the Bankruptcy Law. This issue has not been explained so far, as we signaled last year in an article by attorney- at -law Wojciech Młock and trainee Karoliny Piątek: https://lnkd.in/eEBNk9B

This ruling has a precedential and very significant impact on the continued application of simplified restructuring proceedings, which, according to information from the Ministry of Justice, will be permanently introduced into the order of insolvency law. This is undoubtedly a great honour for the Law Firm and the team working on the case, composed of advocate Bartosz Groele, attorney- at- law Wojciech Młocek, advocate Kamil Strus, that she could have significantly contributed to this precedent ruling.