Zgoda dłużnika na cesję wierzytelności, następnie potrąconej, a problem bezskuteczności czynności upadłego
Debtor’s Consent to the Assignment of a Claim, Subsequently Set Off, and the Problem of the Ineffectiveness of Bankrupt’s Actions

Summary/Abstract: The aim of the article is to analyze the relationship between the provisions of the Bankruptcy Law on the ineffectiveness of legal actions, including the procedure for pursuing fraudulent claims, if the transfer of claims against the future bankrupt, which requires the consent of the debtor, then constitutes the actual basis for the set-off by the assignee. In other words, it is a problem of the limits of protecting the interests of the bankruptcy estate in bankruptcy proceedings. This problem is not only of theoretical importance but also importance for the practice of insolvency law. The author defends the opinion that the consent of the future bankrupt to the assignment of receivables is not an ineffective legal action. The protective function for the bankruptcy estate is fulfilled by the conditions for the admissibility of setting off a claim acquired by transfer. In such a configuration, it is unacceptable for the judge-commissioner to hear the case according to art. 134 sec. 1a of the Bankruptcy Law.

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