(challengeability period)
Subsection 5.3.4 of this Act shall apply to all legal transactions and other legal actions which the debtor in bankruptcy has concluded or carried out in the period as of the beginning of the twelve months prior to the introduction of bankruptcy proceedings up to the initiation of bankruptcy proceedings (hereinafter referred to as:
challengeability period).
Article 270
(termination of right to challenge under the general rules of the law of obligations)
(1) Upon the initiation of bankruptcy proceedings, the rights of creditors to challenge the debtor’s legal actions under the general rules of the law of obligations concerning the challengeability of the debtor’s legal actions expire, and such legal actions may be challenged only pursuant to the rules laid down in Subsection 5.3.4 of this Act.
(2) If the creditor has, prior to the initiation of bankruptcy proceedings, brought an action to enforce his claims by virtue of challenging the debtor’s legal actions under the general rules of the law of obligations, enforcement of such claims upon the initiation of bankruptcy proceedings shall be possible only for the account of the debtor in bankruptcy, and such change in the complaint shall not require the consent of the defendant.
(3) Procedures conducted on the basis of the complaint referred to in the second paragraph of this Article shall, mutatis mutandis, be subject the fourth to fifth paragraphs of Article 350 of this Act.
(4) Enforcement or securing proceedings for enforcing the claims referred to in the second paragraph of this Article shall, mutatis mutandis, be subject to the second to fourth paragraphs of Article 351 of this Act.
Article 271
(challenging legal actions)
(1) A legal action of the debtor in bankruptcy, carried out within the challengeability period shall be challengeable:
1. if the consequences of such action are:
– either a decrease in the net value of assets of the debtor in bankruptcy, so as to enable other creditors to receive payment for their claims in a smaller portion than if the action had not been done,
– or a person to the benefit of whom the act has been executed, has acquired more favourable payment conditions for a claim against the debtor in bankruptcy, and 2. or a person to the benefit of whom the act was executed, at the time when such act has been executed, was aware of, or should have been aware of, the fact that the debtor was insolvent.
(2) A legal action of a debtor in bankruptcy on the basis of which another person come into possession of the debtor’s assets without being liable to execute its counter-fulfilment, of for a counter-fulfilment of small value, shall be challengeable irrespective of the satisfaction of the condition provided for in point 2 of the first paragraph of this Article.
(3) A legal action which is challengeable under the first or second paragraphs of this Article shall also include omissions of a legal action which resulted in the debtor in bankruptcy losing a property right or incurring a pecuniary obligation.
Article 272
(presumptions on the existence of conditions applicable to challenges) (1) If a creditor to the benefit of whom an action was carried out does not prove otherwise, it shall be considered that the condition referred to in point 1 of the first paragraph of Article 271 of this Act is satisfied:
1. if the action was carried out in order to fulfil the liabilities of the debtor in bankruptcy on the basis of a bilateral contract or another bilateral legal transaction to the benefit of the creditor who performed the counter-fulfilment prior to the performance of the debtor in bankruptcy,
2. if the creditor, as a result of a legal action of the debtor in bankruptcy, acquires the position of a creditor with the right to separate settlement concerning payment of the claim that arose prior to such act has been performed, or
3. if the act has been performed during the course of compulsory settlement proceedings contrary to Article 151 of this Act.
(2) The creditor to the benefit of whom an action was carried out shall challenge the presumption referred to in point 1 of the first paragraph of this Article if he proves that the debtor in bankruptcy has performed fulfilment within the time limit following the acceptance of his counter-fulfilment which, according to business practices, usages or practice that existed between the creditor and the debtor in bankruptcy, is considered as a normal time limit for the fulfilment of liabilities based on legal transactions having characteristics equal to those of a legal transaction that represented the basis for the execution of fulfilment of the debtor in bankruptcy.
(3) If the creditor to the benefit of whom an action was carried out does not prove otherwise, it is considered that the condition referred to in point 2 of the first paragraph of Article 271 of this Act is satisfied:
1. if the creditor has received fulfilment of a claim prior to its maturity, or has received fulfilment in a form and manner which, according to business practices, usages or practice that existed between the creditor and the debtor in bankruptcy, is not considered as a normal form or manner of fulfilment of liabilities based on legal transactions having characteristics equal to those of the legal transaction that represented the basis for the execution of fulfilment of the debtor in bankruptcy, or 2. if the action was carried out within the last three months prior to the introduction of bankruptcy proceedings.
Article 273
(legal actions which may not be subject to challenge)
Notwithstanding Article 271 of this Act, the following may not be challenged:
1. legal actions carried out by the debtor in bankruptcy during compulsory settlement proceedings pursuant to Article 151 of this Act,
2. legal actions carried out by the debtor in bankruptcy with a view to paying the claims of creditors in portions, time limits and with interest determined in the confirmed compulsory settlement,
3. payments for bills of exchange and cheques if the other party had to receive a payment so that the debtor in bankruptcy would not lose the right to recourse against other persons liable to bills of exchange or cheques.
Article 274
(challengeability of legal actions with existing executory title)
(1) The legal action referred to in Article 271 of this Act may be challenged also if the right of the person to the benefit of whom the action was performed was already subject to a judgement of a court or another state body which is or may become an executory title.
(2) If a claim for challenging the legal action referred to in the first paragraph of this Article is finally satisfied, the legal effect of the executory title against the debtor in bankruptcy shall terminate.
Article 275
(content and manner of enforcement of a challenging claim)
(1) The claim for challenging legal actions (hereinafter referred to as: challenging claim) shall include the right to claim that the effects of a legal action as referred to in Article 271 of this Act in a relationship between the debtor in bankruptcy and a person to the benefit of whom such act was carried out are annulled.
(2) The challenging claim shall be enforced by means of a complaint (hereinafter referred to as: challenging action).
(3) A challenging claim the subject of which is a legal action which represented the basis for the executed registration of ownership, or any other real right to the benefit of a certain person, shall be enforced by a cancellation complaint pursuant to point 1 of the second paragraph of Article 243 of ZZK-1, unless the cancellation of the challenged entries is not permitted under the third paragraph of Article 244 of ZZK-1.
(4) If a person to the benefit of whom an action was carried out as referred to in Article 271 of this Act exercises the establishment or fulfilment of a claim against the debtor in bankruptcy, acquired through such act, with a action or other procedural application in the procedure brought before the competent court or other state body, the challenging claim may be enforced also by way of an objection in a procedure conducted on the basis of such complaint or other procedural application (hereinafter referred to as: objection of challengeability).
(5) If a person to the benefit of whom an action was carried out as referred to in Article 271 of this Act exercises a claim or a right to separate settlement or an exclusion right acquired through such an action, by way of an application in bankruptcy proceedings, the challenging claim concerning such act may be enforced only if such claim or a right to separate settlement or exclusion right is negated pursuant to the rules of this Act concerning testing claims or rights to separate settlement or exclusion rights.
(6) If in the case referred to in the fifth paragraph of this Article the person who negated the claim or the right to separate settlement or the exclusion right, has been referred to enforce in a civil procedure a claim for establishing the non-existence of such claim or a right to separate settlement or exclusion right, he shall at the same time with such claim in the same procedure enforce also the challenging claim pursuant to the second or third paragraph of this Article.
Article 276
(capacity to enforce a challenging claim)
(1) A challenging claim may be enforced by the bankruptcy administrator on behalf of the debtor in bankruptcy.
(2) A challenging claim may be enforced on his own behalf and on the account of the debtor in bankruptcy also by any creditor who is, pursuant to this Act, entitled to carry out procedural acts in bankruptcy proceedings.
(3) Notwithstanding the first and second paragraphs of this Article, the challenging claim concerning the act referred to in the fifth paragraph of Article 275 of this Act may be enforced only by a person who negated the claim or right to separate settlement or exclusion right.
Article 277
(time limit for the enforcement of the a challenging claim)
(1) A challenging action shall be filed within six months following the publication of the notice of initiation of bankruptcy proceedings.
(2) Notwithstanding the first paragraph of this Article, a challenging action concerning the act referred to in the fifth paragraph of Article 275 of this Act shall be taken within the time limit for lodging a complaint for establishing the non-existence of such claim or a right to separate settlement or exclusion right.
(3) If a successfully enforced challenging claim results in the occurrence of a retaliatory claim as referred to in the second paragraph of Article 278 of this Act, also such claim shall be enforced by a challenging action within the time limit referred to in the first paragraph of this Article.
(4) the court shall reject the challenging action:
1. if it is filed after the expiry of the time limit referred to in the first or second paragraph of this Article, or
2. if in the case referred to in the third paragraph of this Article the challenging action does not enforce also the retaliatory claim.
(5) Enforcement of the objection of challengeability shall not be limited by a time period.
Article 278
(legal consequences of a successful enforcement of a challenging claim) (1) Legal consequences under the second or third paragraph of this Article shall occur with the finality of the judgement by which, on the basis of the challenging claim, the court has annulled the legal effects of the legal action under the first paragraph of Article 275 of this Act (hereinafter referred to as: challenged legal action).
(2) If the person to the benefit of whom the challenged legal action has been carried out, has acquired on the basis of such act fulfilment of a claim, the person shall return to the debtor in bankruptcy what he has received on the basis of the challenged legal action, and if this is no longer possible, pay financial compensation at prices valid at the time of the issue of such court decision (hereinafter referred to as: retaliatory claim).
(3) If the claim of the person, to the benefit of whom the challenged legal action has been carried out, terminates as a result of the challenged legal action, against the debtor in bankruptcy, such claim shall occur again and shall be paid from the distribution estate under the rules of this act on the payment claims of creditors, if is has been lodged within the time limit referred to in the third paragraph of Article 59 of this Act.
Subsection 5.3.5: Legal consequences of the initiation of bankruptcy proceedings