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

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.