Effective management of a restructuring and bankruptcy case, organization of work of the department for restructuring and bankruptcy as well as computerization of the bankruptcy and restructuring judiciary

Research problem:

The research problem that is the subject of the project is to examine the relationship between the organization of the work of the department for restructuring and bankruptcy and the efficient and effective conduct of restructuring and bankruptcy proceedings.

The main scientific goal is to create a model of bankruptcy and restructuring department management and a model of bankruptcy and restructuring case management that will optimally serve the efficiency and efficiency of bankruptcy and restructuring proceedings.

Justification for undertaking study:

From the point of view of the development of science, it is important to discover which non-legal solutions (economic, social and organizational) favor and which impede the achievement of goals that have been adopted by the legislator in accordance with the system of values he represents. Therefore, it is justified to examine the impact of the rules of organization of the restructuring and bankruptcy judiciary on the application of the Bankruptcy Law and the Restructuring Law.

The conducted research will reveal the relationship between a specific structure of the judiciary and a specific way of organizing the work of the insolvency and restructuring department and the effectiveness of the proceedings conducted in that department.

The research project is innovative - it combines empirical research (file research) with dogmatic and legal research of Polish law and comparative research related to selected legal orders and EU law.

The main scientific objective:

The main scientific objective of the project is to create a model of bankruptcy and restructuring case management as well as a model of bankruptcy and restructuring department management with the usage of IT solutions.

The applied research method/methodology:

The applied research method will be a dogmatic and legal method as well as an empirical research. The dogmatic method will be used to analyze the Bankruptcy Law and the Restructuring Law, justifications and other documents connected with the course of the legislative process. Empirical research will include the analysis of files.

Team:

PhD Anna Hrycaj, Prof. of Łazarski University, e-mail: anna.hrycaj@lazarski.edu.pl

 

Results of the implemented research task

 

  • Scientific articles:

a)     Supervision of the judge commissioner over the trustee's activities - recognition of activity reports and accounting reports, A. Hrycaj, Feniks, 2010, number 1.

b)     The role of the Polish Judge in the Restructuring of Companies Within Insolvency, A. Hrycaj, M.Sachajko [w:] H. Vallender (red.) The role of the Judge in the Restructuring of Companies Within Insolvency, Nottingham, Paris, 2013.

  • Conferences:

a) "Collateral security in restructuring and bankruptcy" - June 4, 2019, WPiA UAM, Poznań;
b) "Appeals against a debtor's legal act detrimental to creditors" - November 30, 2018, Łazarski University, Warsaw;

c) "Ineffectiveness of legal actions in bankruptcy and restructuring law" - May 18, 2018, WPiA UAM Poznań.

PhD Anna Hrycaj
Head of the Institute for Bankruptcy, Restructuring Law and Insolvency Research

Professor of the Lazarski University, judge of the District Court in Warsaw with over twelve years of judicial experience in bankruptcy cases, government representative in the framework of legislative work on bankruptcy and restructuring law in the Sejm and Senate, member of Legislative Council of the 13th term, member of the Steering Committee of the National Register of Debtors, member of the Management Board Association of Bankruptcy and Restructuring Judges. In 2010-2011, a member of the state Examination Committee established by the Minister of Justice for people who apply for a trustee's license. In 2012, European Commission expert on the amendment to the European bankruptcy law. From 2013, chairman of the team appointed by the Minister of Justice for the preparation of bills in the field of bankruptcy and restructuring law. Member of the bankruptcy law section of the Allerhand Institute, Judicial Wing of Insol Europe and the International Insolvency Institute.

Author and co-author of a number of publications on enforcement and bankruptcy proceedings, including: "Execution practical", "Trustee in bankruptcy", "Patterns of letters and judgments in bankruptcy and reorganization", "European bankruptcy law", "Bankruptcy and bankruptcy law. restructuring. Commercial Law System. Volume 6 "," Restructuring Law. Comment "," Specimen pleadings and court letters in restructuring proceedings ".