Change and annulment of the creditor repayment plan in consumer bankruptcy

The repayment plan is the final, judicial development of the repayment schedule made by the bankrupt. It specifies the amount of the monthly installment and the number of months within which the bankrupt is obliged to make repayments.

The provisions of the Bankruptcy Law also provide for the possibility of changing the creditor repayment plan. Such a change, at the request of the bankrupt and after hearing the creditors, may be made by the court if the bankrupt cannot fulfill the obligations specified in the creditor repayment plan; the court may extend the deadline for repayment of liabilities for a further period. A complaint may be lodged against the court’s decision, and a cassation appeal may be filed against the second-instance court’s decision. However, if the inability to fulfill the obligations specified in the creditor repayment plan is permanent and results from circumstances beyond the bankrupt’s control, the court, at the request of the bankrupt, after hearing the creditors, may repeal the creditor repayment plan and write off the bankrupt’s obligations not fulfilled during the bankruptcy proceedings and then in during the implementation of the repayment plan. A complaint may be filed against a court’s decision, and a cassation appeal may be filed against a second-instance court’s decision.

However, in the event of a significant improvement in the bankrupt’s financial situation during the period of execution of the creditor repayment plan, but resulting from reasons other than an increase in remuneration for work or income obtained from the bankrupt’s personally conducted commercial activity, both the bankrupt and the creditor may submit a request to change the plan. repayment of creditors. The court’s decision may be appealed against, but there is no cassation appeal.

After the bankrupt has fulfilled the obligations specified in the creditor repayment plan, the court issues a decision confirming the implementation of the repayment plan and writing off the bankrupt’s obligations that have not been fulfilled as a result of the execution of the creditor repayment plan. After issuing this decision, it is inadmissible to initiate enforcement proceedings regarding receivables arising from the bankrupt’s obligations unfulfilled during the bankruptcy proceedings, and then – execution of the repayment plan, with the exception of receivables arising from obligations that are not subject to write-off. However, this does not include liabilities arising after the conclusion of bankruptcy proceedings.