Mechanisms of judicial restructuring and bankruptcy of groups of companies and cooperation of insolvency proceedings bodies

Research problem:

Identifying and analyzing normative and social factors conditioning the effectiveness of bankruptcy and restructuring law in the field of bankruptcy and restructuring of companies that are part of groups of companies, including international groups.

Justification for undertaking study:

Bankruptcy and restructuring of groups of companies is currently one of the most significant problems in the field of bankruptcy law and restructuring law. Companies are increasingly operating in multi-entity structures. Conducting bankruptcy or restructuring proceedings of such company is effective only if it is properly coordinated with proceedings concerning other entities from the group. In accordance with art. 190 section 5 of the Act of 15 May 2015. - Restructuring law, the court may combine for the consideration of cases pending with related entities. In the Bankruptcy law, the same regulation is provided for in art. 215 section 5. These regulations, however, are of a residua nature and do not solve all problems that arise in the practice of bankruptcy or restructuring of groups of companies.

The main scientific objective:

The main scientific objective of the project is to create a model of the course of bankruptcy proceedings and restructuring proceedings conducted against related entities and to define the basic principles of cooperation between the bodies of bankruptcy and restructuring proceedings conditioning the efficient and effective conduct of proceedings against groups of entities.

The applied research method/methodology:

The applied research method will be a dogmatic and empirical research. The dogmatic method will be used to analyze the Bankruptcy 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.pl

Results of the implemented research tasks:

  • scientific article "Normative basis for cooperation between Polish and foreign judical authority conducting bankruptcy proceedings of the same debtor", Polski Proces Cywilny 2010, No. 1, p. 54-76; published in English and amended version: The Cooperation of judical authorities of International Insolvency Proceedings (in the context of Polish bankruptcy courts), International Insolvency Law Review, 2010, z. 1, p. 8-45.

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 ".