The alert regarding planned amendments to the Civil Procedure Code includes information about changes to enforcement proceedings. In this post, we'll explain what new changes you can expect.
Primarily, a review will be introduced to determine whether a motion to undertake specific enforcement actions or a request for clarification or information pursuant to Article 761 of the Code of Civil Procedure was not filed with the purpose of harassing the debtor and whether it is necessary to ensure the proper course of enforcement. If it is deemed highly probable that the motion will not contribute to ensuring the proper course of enforcement, or if it is deemed that there are grounds to assume that the creditor filed it solely for the purpose of harassing the debtor, the motion will be dismissed.
The second most important new provision is the introduction of a provision under which deficiencies in the composition of the debtor's organizational unit's authorities do not constitute grounds for suspending enforcement proceedings. The bailiff will be obligated to forward information about deficiencies that prevent the debtor from acting, along with the case files, to the court, which will appoint a trustee ex officio if this is necessary to protect the debtor's interests and the debtor's assets are sufficient to cover the related costs. Only if necessary, the bailiff will suspend proceedings until a decision on the appointment of a trustee is made. If the need arises again for a trustee, the court will, to the extent possible, appoint the same trustee. This will significantly limit the possibility of organizational units taking action against ongoing enforcement proceedings.
