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Instruction of a secured creditor in insolvency proceedings

Publication at Faculty of Law |
2021

Abstract

In the case of the administration or realisation of a right, claim or other asset that serves as security for a claim, the person with the right of disposal (the debtor or the insolvency administrator) is bound by the instructions of the secured creditor. In the paper, the authors discuss the rules for the instructions given by the secured creditor to the person with the right of disposition to administer or monetize the secured object, in particular the amount of the costs of administration or monetization, the procedures in case of a large number of secured creditors or e.g. in case of denial of the claim or filing of a counterclaim by the insolvency administrator.