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secured creditor Tag

Law firm Vaić & Dvorničić Ltd. > Posts tagged "secured creditor"

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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