Legal position of fiduciary creditor after declaring bankruptcy of debtor : remarks in the context of amendments to the Polish Bankruptcy and Reorganisation Act from 6 March 2009

The author considers the bankruptcy status of claims and proprietary rights transferred by the bankrupt to the creditor in order to establish collateral security, after the revision made by the Polish legislator in 2009. The paper indicates how deep the legislative interference degrades the essence and economic attractiveness of the collateral trust, and attempts to identify the justification of undermining the security of creditors in the frame of bankruptcy proceedings