Zastępca syndyka i zastępca zarządcy odrębnego majątku upadłego w postępowaniu upadłościowym

Abstrakt

The paper discusses the legal status of the deputy of the official receiver and the deputy manager of separate bankrupt property as organs of bankruptcy proceedings. The legislator provided in art. 93 a possibility to appoint the deputy official receiver. He holds his post independently as the organ of proceedings and is accountable for his actions. The obligatory premisses here to appoint the deputy receiver are the following:
1) there is an objective need to appoint the deputy receiver,
2) a motion from the official receiver,
3) a resolution passed by a judge-commissioner.

The bankruptcy law does not give a clear answer to the question as regards the range of activities to which the deputy receiver is entitled and accountable for. The deputy fulfills his duties on the grounds of a judge-commissioner's resolution, in which the judge defines their objective. The fact that the function of the organ of bankruptcy proceedings is independent, the deputy receiver is responsible for the order regulated by the principles defined for the official receiver. Thus, according to art. 100 and 101, if the deputy receiver fails to fulfil his duties, the following remedial steps can be taken:
1) reminder,
2) fine at one thousand zlotys,
3) removal from the office, a decision made by the judge-commissioner.

Similarly as in the case of the officially receiver, the bankruptcy law allows in art. 93 for the appointment of the deputy manager of separate bankrupt property. The premisses for the establishment of this organ are circumstances identical with the causes of appointing the deputy receiver, therefore there is no need to quote them here again. The range of activities of the deputy manager are dependent on the range of the management in concrete bankruptcy. These activities cannot go beyond the range and character of the actions taken by the manager himself.

The deputy of the official receiver, and the deputy manager, terminates his function in the following cases:
1) they have fulfilled their tasks to which they have been appointed,
2) they have submitted a motivated request to the judge-commissioner to be released from their office,
3) an independent decision made by the judge-commissioner which the latter can make at any time when he comes to a conclusion that the deputy in the proceeding is redundant,
4) a dismissal from the office for the failure to fulfil duties.

In all cases the deputy receiver submits a report from the actions he has taken, and the judge-commissioner decides about the termination of his legal being by way of appropriate resolution.