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Bankruptcy Act Tag

Law firm Vaić & Dvorničić Ltd. > Posts tagged "Bankruptcy Act"

Grounds for initiating a bankruptcy proceeding in Croatia

Bankruptcy proceedings are conducted for the collective settlement of a debtor’s creditors, through the liquidation of the debtor’s assets and distribution to creditors. The main purpose of bankruptcy proceedings is therefore to ensure the settlement of creditors’ claims, after which the debtor – a legal entity – ceases to exist. Bankruptcy proceedings may be initiated if the court establishes that there are grounds for bankruptcy. The statutory grounds for bankruptcy are insolvency and ver-indebtedness. Insolvency A debtor is deemed insolvent if they are unable to continuously meet their due monetary obligations. The fact that the debtor has satisfied, or may be able to...

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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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