| Article | Order of Execution of the Court Decisions in Course of Bankruptcy Proceedings |
|---|---|
| Authors |
Nikolaieva I.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 8 / 2013 |
| Pages | 300 - 308 |
| Annotation | The article is dedicated to the execution of the court decisions in course of bankruptcy proceedings. Major problems which emerged in the process of recovering debt for the requirements of each separate group of creditors (competition, ongoing, wealthy and privileged) on different stages of the bankruptcy proceedings are highlighted. Particular attention is given to meeting of the requirements of the current lenders and creditors on demands of the privileged nature. The author introduced a number of concrete proposals to improve the legal regulation of access to the execution of judgments in bankruptcy proceedings, as set out in the form of certain provisions of the Bankruptcy Act. The necessity of establishing a prohibition on implementation of any enforcement action outside of the bankruptcy case in the bankruptcy law is defined. In connection with this a suggestion was made to introduce a norm to legislation that would provide for the end the enforcement proceedings from the date of the decision to institute proceedings in the bankruptcy proceedings. According to the author's opinion, all executive documents should be sent to the Commercial Court, which passed the decision to initiate proceedings in the bankruptcy case for their further implementation in bankruptcy proceedings. |
| Keywords | bankruptcy proceedings, enforcement proceedings, bankruptcy creditors, current creditors, secured creditors, preferred creditors. |
| References | |
| Electronic version | Download |