Sytuacja prawna małżonka konsumenta w toku postępowania upadłościowego

Abstract

The article regards the position of a spouse of a bankrupt consumer during bankruptcy proceeding. The date of issuing a decision declaring bankruptcy is the date of bankruptcy. From this time matrimonial property regime converts into a compulsory system of separate estates in matrimony. The joint matrimonial estate shall be included in the bankruptcy estate. The rules of management of matrimonial estate are converted. From this moment the course of bankruptcy proceeding depends on the bankrupt spouse’s activity. They can pursue amounts resulting from their share in the joint matrimonial estate, filing the claim with the judge – commissioner. They can also demand exemption from the bankrupt estate assets which do not belong to the bankrupt. Sometimes they do not have any impact on the activity of a bankrupt spouse, for example, they cannot resist the petition to declare bankruptcy. During bankruptcy proceeding a bankrupt spouse is limited in their rights which regard joint matrimonial estate. This situation lasts to the valid conclusion of bankruptcy proceeding. The article emphasizes different depiction of time in the aspect of bankruptcy law. On the one hand, time assigns limits of divagations. During bankruptcy proceeding special rules regarding compulsory matrimonial property regime are in force. On the other hand, time is an impulse of transformation of law and enforcement of new legal institutions such as, for example, an institution of consumer bankruptcy.