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Bankruptcy law

Order of settlement in bankruptcy proceedings

In bankruptcy proceedings, the order of debt collection is not based on chance or subjective judgment, but on the strictly regulated rules of the Bankruptcy Act. Proper application of these rules is essential to protect the rights of all creditors, preserve legal certainty, and ensure fair distribution from the bankruptcy estate. There are four types of creditors in bankruptcy proceedings: bankruptcy creditors, creditors of the bankruptcy estate, secured creditors, and creditors with a right of separation. Creditors of the bankruptcy estate The first to be paid from the bankruptcy estate are the costs of the bankruptcy proceedings and other obligations of the bankruptcy...

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Seperate creditors in bankruptcy proceedings

Bankruptcy is a special non-litigation court procedure aimed, according to Article 2, Paragraph 2 of the Bankruptcy Act, at the total settlement of creditors of the bankrupt debtor by liquidating his assets and distributing the collected funds to the creditors. The Bankruptcy Act distinguishes four types of creditors (separational creditor, seperate creditor, estate creditor, and bankruptcy creditor). In the following text, the concept of the seperate creditor will be elaborated in more detail. Who is a seperate creditor? A seperate creditor is a person who holds a lien or a right to settlement over a specific asset or right that is registered...

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Creditors with the right of separation in bankruptcy proceedings

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Bankruptcy in Croatia

Financial instability is present in European as well as in Croatian capital market. Therefore legal persons are much more careful when entering into new business. One must always bear in mind the possibility of bankruptcy of his/her business associate. Thereat, all legal persons must be aware of certain legal consequences of bankruptcy: If the bankruptcy creditor, over the last sixty days prior to the bankruptcy petition or afterwards, by courts enforcement or by forced courts insurance, obtains a separate satisfaction right or similar right on debtors property within the bankrupt’s estate, this right ceases i.e. the ongoing procedure stops when bankruptcy...

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Possibilities of recovery from insolvent debtors (bankruptcy)

The insolvency proceedings (bankruptcy) in general shall be initiated by the debtor or creditor’s proposal. If all the conditions for opening insolvency proceedings have been met, then the court is seised of the order of opening of insolvency proceedings to be published on the e-board of the court. That order must include an invitation to insolvency creditors to lodge their claims to the insolvency liquidator within 60 days of the publication of the opening of the insolvency proceedings. If the creditors do not lodge their claims within that period, they shall then lose the possibility to recover their claims. If you...

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