Юридически способи за защита правата на държавата при изготвяни от синдика сметки за разпределение
Juridical Means for Protection of the Rights of the State in Case That the Trustee in Bankruptcy Shall Prepare an Account for the Distribution of the Available Amounts

Author(s): Stoyan Kolev
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Икономически университет - Варна
Keywords: bankruptcy proceedings; cashed in property; public law claims; order of satisfying the creditors; objection of the account for distribution
Summary/Abstract: The report analyses the actual legislative regulation and the court practice concerning the authorization of officers and state and municipality organs, related to the distribution of the cashed by the trustee property of the bankrupt debtor. It examines the question of privileges of different categories claims of creditors in the bankruptcy and the competition with the public law claims of the state in case of distribution, made by the trustee. It considers the possible hypothesizes, related to the action or inaction of the persons, participating in the bankruptcy process, resulting to non-compliance with the law of the account prepared by the trustee, from the aspect of the state (public legal) interest, as well as it analyses the actual legal possibilities of the state officers to protect the rights of the state as a creditor with public law claims. The report analyses also the lack of legal regulation, related to the inaction of the trustee for preparation of the account for distribution and the actual legal possibilities for protecting the creditors in case of such inaction. In addition it analyses the solutions provided in Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, which could be applied in cases of opened insolvency proceedings in courts of different EC member-states, concerning the preparing and objection of the accounts for distribution.

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