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The trustee’s files and the court files in consumer bankruptcy proceedings

After amendments of provisions concerning consumer bankruptcy many judges and trustees are in doubt about which documents should remain in the trustee’s files and which are to be referred to the court. Therefore, below, we present guidelines which were prepared together with bankruptcy judges, regarding keeping the trustee’s files and the reduction in the number of documents referred to the court.

  1. Case file should be kept in pursuance of the the Order of the Minister of Justice of 18 March 2020 on the manner and procedures of keeping and giving access to files in bankruptcy proceedings against natural persons who do not conduct economic activity (Journal of Laws of 2020, item 506), hereinafter referred to as the Order.
  2. The trustee shall keep in the files of proceedings all documents being drawn during the course of proceedings, including: the proof that the declaration of bankruptcy was made public by an announcement in the Court and Business Gazette (Monitor Sądowy i Gospodarczy), a statement on the lack of impediments to perform the duties of a trustee with the proof of valid insurance, inventory and liquidation plan with estimate of expenses. The above mentioned documents shall not be submitted to the case file in court.
  3. The trustee shall refer to the court only those documents which are necessary for specific actions by the court or the appointed judge (i.e. a motion pursuant to article 63a of the Bankruptcy Law, a motion to declare specified actions ineffective, notification of liquidation of bankruptcy estate).
  4. Should any impediments to perform the duties of a trustee appear, the trustee, without undue delay, shall submit an applicable claim to the court files.
  5. The trustee shall inform the court about the place of keeping the case files and files for claims not earlier than on the day when the first action is taken before the court or the appointed judge (§ 10 section 1 sentence 2 of the Order).