“Should the creditor’s claim secured by personal guarantee be settled during restructuring proceedings?” – article by attorney Wojciech Bokina and Aleksandra Bobińska in Doradca Restrukturyzacyjny
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
The latest issue of ‘Doradca restrukturyzacyjna’ features an article written by the firm’s lawyers r. pr. Wojciech Bokina and Aleksandra Bobińska, which answers the question contained in the title of the publication: Should the claims of a personal creditor secured in rem be settled during restructuring proceedings? It deals with an issue that is very important for practice and interpreted differently by the courts, and the literature has so far not explored this question.
The issue of satisfaction of the debtor’s personal obligations secured in rem during restructuring proceedings has not been explicitly regulated by the legislator. At the same time, this issue has not been discussed in detail by the doctrine. The issue is also not uniformly interpreted in court jurisprudence. From the practice of the authors – Wojciech Bokina and Aleksandra Bobinska, different approaches of judges even in the same division of the restructuring court are known. At the same time, the peculiarity of these proceedings means that the justification of a particular standpoint is usually not to be found in the justification on the approval of the arrangement or in the decision of the court of second instance on the subject, and this is due to the fact that a motion for justification on the approval of the arrangement is not always filed.
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