Franc facilitation from SN

This is the essence of the ultimate Court resolution (Civil Chamber) composed of judges Beata Janiszewska, Jacek Grela and Krzysztof Wesołowski. It is simply a key issue for thousands of francs, customers of Getin Noble Bank in bankruptcy, waiting for settlement with the bank, his syndicate and the release of mortgages on their apartments and homes.

Claims and bankruptcy

The ultimate Court of Warsaw has been asked by the Court of Appeal (Jolant Pyźlak Judge). It examines the appeal of the Getin Noble Bank Syndik from the judgement of the territory Court, which established the nullity of the frank debt agreement concluded by 2 consumers in 2007 to build a home in the economical system.

SA asked the ultimate Court whether due to the declaration of bankruptcy of the bank the claim of the reasons which are subject to notification to bankruptcy then distributed between creditors (although the francoquis most likely will be fewer of it), it is expected to wait until the bankruptcy procedure is exhausted. That is, whether it is to wait until the Frankish (or refused) claim is accepted by the syndic, which can take up to a fewer years, or it can be settled in civilian court, which will happen faster.

Where it is accepted that a claim for annulment of the contract should be recognised in insolvency proceedings, consumer protection would be illusory (a civilian court could not besides safe the claim).

So far, civilian courts, including a franc court, which held a conference on the subject, have been divided about half. But SN decided on Thursday that these cases could be continued by civilian courts after the bankruptcy of the bank was announced.

Application for a finding

– The resolution is crucial for the borrowers of Getin. Although they cannot sue a bankrupt bank for overpayments, they may sue for uncovering that the contract is invalid. This arrangement allows firstly to delete annotation about the credit with the BIK, and secondly – it is simply a large step towards removing the credit mortgage from the perpetual book – says Dr. Mariusz Korpalski, legal advisor.

In his opinion, most lawyers felt that the alleged settlement cases could take place after the bankruptcy was declared, but after asking a question to the SN, the courts took a waiting attitude.

– It is expected that after the resolution confirming the right of the borrower of the fallen bank to conduct a trial to establish these proceedings, Mr Korpalski adds.

On the another hand, Rafał Kowalczyk, a lawyer from Filipiak Babicz Legal sp.k., points out that the resolution is of peculiar importance to borrowers who inactive have a mortgage on their properties for Getin Bank on a frank loan. “In most cases, the courts of the monthly accounts agree to cancel specified a mortgage if the civilian court finds the credit agreement invalid in the judgment. Even if the syndicate recognizes the claims of a france on the list of receivables, an extract from the list could not be the basis for the deletion of the mortgage. It does not constitute a judgement of the court – says Mr Kowalczyk.

According to Marcin Kubiczek, the bankruptcy admin of Getin Noble Bank, the best solution for borrowers of Getin Noble Bank, for bankruptcy and for all stakeholders are settlements. - And that resolution doesn't change that. The resolution means that 4,000 pending proceedings will be reopened if the courts respect this ruling of the ultimate Court. This will consequence in even greater costs of disputes for borrowers and bankruptcy. We will examine the consequences of this resolution in item – the syndication points out.

File number: III CZP 5/24