Proceedings regarding the issue of consumer bankruptcy are special ones. It is not always possible to count on the declaration of bankruptcy after the very first hearing. Applications are judged by the Courts with high accuracy and caution.
It often happens that the Courts reject the application. This concept should not be confused with the dismissal of the application. Each of these concepts has different effects in the sphere of the rights of the requesting person.
Rejection of the Application means the decision of the Court refusing substantive examination of the application for declaration of bankruptcy due to the lack of certain positive premises or the occurrence of procedural obstacles in its recognition.
Rejection of the application exempts the Court from the obligation to examine the case in a substantive way.
According to art. 199 k.p.c, (Polish Code of Civil Procedure) the court will reject the claim:
- if the legal process is inadmissible;
- if for the same claim between the same parties the case is pending or has already been legally adjudicated;
- if one of the parties does not have legal capacity or if the plaintiff has no legal capacity, and does not act as a statutory representative or if the organs of the organisational unit responsible for the lack of capacity make it impossible to act;
How to understand these provisions? At first glance, they seem complicated. Let us discuss the first of the premisses, i.e. the inadmissibility of the court. We are dealing with this situation if there is no legitimacy of the Polish Court to hear the application.
When can the court exercise this right? The court may use such a basis to reject the claim when the Applicant, i.e. Debtor, does not have a habitual residence in the territory of the Republic of Poland. This may happen if Debtor does not live in a family home and he earns income in the territory of a third country.
The occurrence of this condition does not always exclude the possibility of applying for consumer bankruptcy in the future. The provisions of the Bankruptcy Law, which point out explicitly: “if the debtor does not have the main center of basic activity in the Republic of Poland, the court of the habitual residence or the debtor’s seat is competent, and if the debtor does not have a habitual residence or seat in the Republic of Poland, the court in whose territory the debtor’s assets are located is relevant”. How should it be understood? Simply put, this means that to avoid rejection of the Application, it is enough to indicate the property that is located in Poland. They can be movable, as well as real estate, if having any value.