Кредиторски контрол спрямо действията на синдика във фазата по осребряване на масата на несъстоятелността
Credit Control Against The Activity Of The Sindica In The Phase Of Suspension Of The Institution Table

Author(s): Stoyan Kolev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics
Published by: Икономически университет - Варна
Keywords: Insolvency proceedings; Insolvency creditors; Insolvency estate; Debtor property; Redemption order; Sale methods.
Summary/Abstract: The report is aimed at analyzing the existing legal opportunities for creditors, whose claims have been accepted in the insolvency proceedings, to exercise direct or indirect control over the receiver’s actions in connection with the order and procedure for sale of the available property in the insolvency estate. It analyzes the existing legal opportunities available to the creditor in the insolvency proceedings to protect his rights in view of any undue actions by the receiver in the process of selling the assets of the insolvency estate, or any omissions in that regard. Consideration is given to the limited ability of creditors to exercise ongoing direct control over the receiver in conducting asset sale procedures. The opportunities for challenging the actions of the bailiff in the CPC enforcement proceedings are compared with the opportunities to challenge similar actions of the receiver. An analysis of the gaps in the legal framework related to the procedure for redemption of the insolvent debtor’s assets is carried out.

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