Przegląd Prawa Rolnego, 2017 Nr 2 (21)

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Zaspokojenie wierzytelności rolników w postępowaniu upadłościowym
(Wydawnictwo Naukowe UAM, 2017) Zedler, Feliks
The article deals with issues concerning the satisfaction of farmers' bankruptcy claims for supplies to insolvent farms in bankruptcy proceedings. Under Polish law, these receivables are satisfied in a privileged manner. In bankruptcy proceedings conducted under insolvency law applicable as of 1 January 2016, they shall be satisfied according to the category of first distribution of mass funds. However, in bankruptcy proceedings conducted in accordance with earlier insolvency law provisions, which are applicable to proceedings initiated before 1 January 2016, they are satisfied in the second category of the distribution plan. The adopted regulation allows us to conclude that this preferential satisfaction of farmers' debts concerns only the payments of farmers who are natural persons and only for the delivery of raw, unprocessed produce to an agricultural holding in bankruptcy. Whereas the size of the farm and the object of agricultural production are of no relevance.