Protection of creditor rights in cross-border insolvency

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Presentation transcript:

Protection of creditor rights in cross-border insolvency Mg.iur. Kristaps Ābelis Kristaps.abelis@inbox.lv

The purpose of cross-border insolvency Fair and efficient administration of cross- border insolvencies that protects the interests of all creditors and other interested persons, including the debtor;

The purpose of cross-border insolvency Provide for equitable treatment of similarly situated creditors, including similarly situated foreign and domestic creditors.

The creditor’s right to information It is essential that creditors who have their habitual residence, domicile or registered office in the Union be informed about the opening of insolvency proceedings relating to their debtor's assets

Protection of creditor Member States should be required to publish relevant information in cross-border insolvency cases in a publicly accessible electronic register. Information on certain aspects of insolvency proceedings is essential for creditors, such as time limits for lodging claims or for challenging decisions.

Development of legal framework in Latvia Insolvency Policy Development Guidelines 2016 2020th year (Maksātnespējas politikas attīstības pamatnostādes 2016.-2020. gadam https://likumi.lv/ta/id/284925-par- maksatnespejas-politikas-attistibas-pamatnostadnem- 2016-2020-gadam-un-to-istenosanas-planu )

Main points Fair and efficient administration; Information; Creditor claims;

Thank you for your attention