Situation of secured claims in insolvency proceedings. Case law aspects

DEZBATERI

Abstract

Courts are called upon to resolve a number of issues relating to the registration of secured claims on the credit balance of a bank account or on future income as well as on future assets of the debtor, their value, as well as in relation to the attachments accompanying secured claims and the time at which those attachments are calculated. Appeals filed with the courts involve difficulties in determining the order of priority in the distribution of the sums of money obtained from the recovery of the asset subject to security, the costs of the proceedings and the amounts that can be foreseen for subsequent expenses that can be deducted from these sums. This paper aims to review a number of such problems and indicate some possible solutions to them.

Keywords: secured claims, insolvency, credit balance, future assets