Allowance of claims in bankruptcy subject to reservation: conditional claims and guarantor’s claim enforced after the insolvency adjudication
The so-called “posthumous withdrawal” under consideration by the Court of Cassation
The order of the Court of Cassation comes after a conflict of case law on the substance - recent examples of which are given - concerning the effects of the petitioning creditor’s withdrawal after the adjudication in bankruptcy is pronounced. The Court held that the so-called “posthumous” withdrawal is ineffective, with very concise reasoning that does not reveal the logic behind the decision. The comment offers an interpretation that, while agreeing with the decision of the Court of Cassation, attempts to show that it is a necessary consequence of the effectiveness of the adjudication in bankruptcy.