Concurrent Decisions on the Commencement of Restructuring Proceedings and the Declaration of Bankruptcy with Respect to the Same Debtor

How is the situation resolved when insolvency proceedings for bankruptcy and restructuring run concurrently against the same debtor?

A practical case has shown that the principle of the priority of restructuring over bankruptcy applies only where the court issues a decision to commence restructuring proceedings within 60 days during the suspension of bankruptcy proceedings. Failing compliance with this deadline, bankruptcy prevails.

The article, prepared by our colleague Mgr. Adam Masár, examines the procedural steps taken by the court, the ruling of the appellate court, and the practical consequences for creditors, debtors, and insolvency practice.

You can find out more in our new article available at www.legate.sk or in the section below www.epravo.sk: