Предявяване на вземания в производство по несъстоятелност пред български съд в светлината на Регламент (ЕС) 2015/848 на Европейския парламент и на Съвета от 20 май 2015 г.
Lodgement of Claims in Insolvency Proceedings Before a Bulgarian Court in the Light of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015

Summary/Abstract: For more than 10 years since the application of Regulation 1346/2000 a considerable amount of court decisions has been ac-cumulated both by the national courts of the EU member states and the CJEU on the problems of the insolvency proceedings. This has given the European legislator the opportunity to analyse and evaluate the disadvantages of the legal framework. This study focuses on the issues related to the lodgement of claims by EU Member state creditors in insolvency proceedings opened before a Bulgarian court. The subject of the study is the protection of the foreign creditors' rights in the context of the amendments of the European legal framework under Regulation 2015/848, as well as its correlation with the Bulgarian legislation. The study highlights the amendments concerning the creditors' rights in the insolvency proceedings and distinguishes the rules that were not changed. It also stress outs the gaps in the Bulgarian legislation concerning the lodgement of claims by foreign creditors. For the full clarification of the European legislator's will on these issues, an analysis of the historical development of the legal framework, as well as of the jurisprudence has been carried out. On its grounds the study argues for the thesis that even after Regulation 2015/848 the foreign creditors shall obey the time limits for lodging their claims laid down by the national law of the Member states.

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