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

Lazarski University associate professor, Head of the Institute for Bankruptcy, Restructuring Law and Insolvency Research, Regional Court Judge in Warsaw with more than ten years of experience in resolving bankruptcy cases; Member of the Legislative Council of the 13th term; board member of the Association of Bankruptcy and Restructuring Justices; since 2013 head of the team appointed by the Minister of Justice to draft bills on bankruptcy and restructuring law; author and co-author of numerous publications on civil and enforcement proceedings and bankruptcy law.