New creditors in the Insolvency Procedure  Cover Image
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Нови кредитори в производството по несъстоятелност
New creditors in the Insolvency Procedure

Author(s): Grigor Grigorov
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The article it devoted to the status the new creditors of the insolvent debtor have in the insolvency procedure. Although article 639 of the Commercial Law (CL) outlines the circle of new creditors of the insolvency extremely wide, not every creditor whose claim against the debtor has emerged after the opening of the procedure may be held creditor of the insolvency. Such may be held only the creditors whose claims have emerged in connection with the continuity of debtor’s activity at the first stage of the procedure as well as with the activity of the syndic (insolvency administrator) concerning the management, winding-up and distribution of the property in the insolvency estate. Only these claims are subject to the imperative rules and restrictions of CL concerning the insolvency creditors and their participation in the procedure but not the new claims which do not give the status of insolvency creditors. The article clears up also the difference in the status the new (one the one side) and the old (on the other side) insolvency creditors have in the procedure.

  • Issue Year: LV/2014
  • Issue No: 1
  • Page Range: 20-38
  • Page Count: 19
  • Language: Bulgarian