Summary

The new Bankruptcy Act that entered into force as of 1 January 2004 does not bring along radical changes in bankruptcy proceedings. However, in some cases, the changes are of substantial nature. The author outlines some of the most significant changes connected with claims as the key issue in bankruptcy proceedings. The author examines the bases for the extinction of the pledgee’s right of security in bankruptcy proceedings, and primarily the new provisions under which the right of security may extinguish in certain cases if a claim is not filed in due time. The author points out some interpretation problems related to these provisions and offers a solution.
The author also analyses changes made in the procedure for the defence of claims, primarily the obligation of the trustee to file objections concerning unjustified claims, the acceptance of the right of security without defence, and the legal implications of objections of a creditor with an undefended claim and the objections of the debtor.
The author examines in depth the decision rendered by the Supreme Court on 16 December 2002 with regard to the defence of tax claims in which the Court held that a dispute concerning the acceptance of a tax claim is subject to adjudication by an administrative court on the basis of an application of the person who disputed the claim. However, such a claim may also be contested by the debtor. The author argues that these positions of the Supreme Court are not in accordance with the law in force and with the ideology of bankruptcy law.
Finally, the author tackles the changes introduced in the regulation of grant of claims.