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insolvency proceedings Tag

Law firm Vaić & Dvorničić Ltd. > Posts tagged "insolvency proceedings"

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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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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