Preferred believers may be unsecured believers
Creditors in bankruptcy proceedings
1. Insolvency creditor is anyone who has an insolvency claim against the debtor.
Bankruptcy claim is that personal Advancement of the creditor who already in front the opening of bankruptcy proceedings against the debtororiginated.
The principle of also applies to bankruptcy creditors Equal treatment. From the opening of insolvency proceedings, the debtor may not improve the situation of individual creditors at the expense of the others. Insolvency creditors can only offset those claims which could already be offset when the insolvency proceedings were opened. They can no longer sue their claims outside of the bankruptcy proceedings or initiate or continue foreclosure proceedings in the bankruptcy estate.
Legal acts of the debtor that in front Insolvency proceedings can be opened within one year by the insolvency administrator due to intent to discriminate, free of charge, preferential treatment or knowledge of the debtor's insolvency challenged become.
If the contractual partner of the debtor has fully fulfilled a bilateral contract, he can claim his counterclaim as Bankruptcy claim assert. Is the contractual partner of the debtor according to the contract for Advance payment obliged and if he did not have to be aware of the bad financial circumstances of the debtor, he can refuse to make advance payments until the insolvency administrator has provided security.
There are special features with regard to segregation and segregation creditors as well as with regard to paid-in share capital or equity-replacing loans.
2. A mass creditor is someone who has a mass claim against the debtor (e.g. for the costs of the proceedings and for all expenses for maintaining and managing the mass).
It basically arises to the opening of bankruptcy proceedings or at least will to her due. Mass claims become out of the bankruptcy estate in advance satisfied, have to go into bankruptcy not logged in and can be asserted in court despite ongoing insolvency proceedings
3. Registration of claims in insolvency proceedings
in the Bankruptcy proceedings creditors can submit their claims within the Registration deadline register with the bankruptcy court. A claim can also be registered after the deadline has expired at least 14 days before the daily statute to check the final invoice. However, this can lead to the court imposing the reimbursement of the costs for additional, otherwise unnecessary daily articles, so that the "profitability of such late registrations (amount of the expected quota and reimbursement of costs) is to be examined , but also from other bankruptcy creditors disputed become. Undisputed claims form an enforcement title against the debtor after the end of the insolvency proceedings.
4. Who is the segregation or segregation believer?
a. The Segregation believers has a right to segregated, preferred Satisfaction with certain things belonging to the debtor, such as due to a lien or right of retention. The right of separation is not affected by ongoing insolvency proceedings.
If the satisfaction of the separate creditor does not allow full coverage to be expected, he can assert his unsecured remaining claim as insolvency claim. In the last 60 days before acquired upon opening of bankruptcy proceedings judicial Liens for satisfaction or security expire (with the exception of those in favor of public charges) when proceedings are opened.
Contractual or judicial separation rights Income from work also expire after a certain period of time.
b.The Segregation creditors is owner a thing that is in the debtor's power of disposal when bankruptcy proceedings are opened. The owner or other person authorized to surrender (e.g. landlord) can use the Segregation covet, because the thing does not belong in the crowd.
A right of segregation is for things that were under before the opening of insolvency proceedings Retention of title were delivered. The liquidator can weed out up to six months to Postpone the opening of insolvency proceedings if the item to be separated is necessary for the continuation of operations.
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