Users without a subscription are not able to see the full
content. Please,
subscribe
or
login
to access all content.
Contents
- Preliminary Material
- Preface
- General Outline of National Reports
- About the Editors
- Contents
- Table of Cases
- Table of Legislation
- List of Contributors
- Main Text
- 1 National Report for Australia
- I Introduction
- II Insolvency Claims
- III Administration Claims
- IV Non-enforceable Claims
- 2 National Report for Austria
- I Introduction
- II Insolvency Claims
- A Definition and scope
- B Submission, verification, and admission of claims
- 1 Valuation of claims
- 2 Submission of claims
- 3 Verification and admission of claims
- C Ranking of insolvency claims
- D Voting and other participation rights
- III Administration Claims
- IV Non-enforceable Claims
- 3 National Report for Belgium
- 4 National Report for Brazil
- 5 National Report for Canada
- 6 National Report for the People’s Republic of China
- 7 National Report for the Czech Republic
- 8 National Report for England
- I Introduction
- II Insolvency Claims
- A Definition and scope
- B Submission, verification, and admission of insolvency claims
- C Ranking of insolvency claims
- D Voting and other participation rights
- III Administration Claims
- IV Non-enforceable Claims
- 9 National Report for France
- 10 National Report for Germany
- I Introduction
- II Insolvency Claims
- A Definition and scope
- B Submission, verification, and admission of insolvency claims
- C Ranking of insolvency claims
- D Voting and other participation rights
- III Administration Claims
- IV Non-enforceable Claims
- 11 National Report for Mexico
- I Introduction
- II Insolvency Claims
- A Definition and scope
- B Submission, verification, and admission of insolvency claims
- C Ranking of insolvency claims
- D Voting and other participation rights
- III Administration Claims
- IV Non-enforceable Claims
- 12 National Report for the Netherlands
- I Introduction
- II Insolvency Claims
- III Administration Claims
- IV Non-enforceable Claims
- 13 National Report for Poland
- I Introduction
- II Insolvency Claims
- A Definition and scope
- B Submission, verification, and admission of insolvency claims
- C Ranking of insolvency claims
- D Voting and other participation rights
- III Administration Claims
- IV Non-enforceable Claims
- 14 National Report for the Russian Federation
- 15 National Report for South Africa
- I Introduction
- II Insolvency Claims
- III Administration Claims
- IV Non-enforceable Claims
- 16 National Report for the Republic of Korea (South Korea)
- I Introduction
- II Insolvency Claims
- III Administration Claims
- A Definition and scope
- 1 Common benefit claims in rehabilitation proceedings
- 16.65
- 16.66
- 16.67
- a) Claims for judicial expenses
- b) Claims for expenses relating to the business operation and management and disposition of the debtor’s property after the commencement of the rehabilitation proceeding
- c) Claims for expenses necessary for implementation of the rehabilitation plan
- d) Claims for remuneration for receivers
- e) New loans
- f) Expenses necessary for the activity of the council of creditors
- g) Inevitable expenses for the debtor
- h) Claims arising after the commencement of the rehabilitation proceeding due to administration of affairs or unjust enrichment
- i) Claims held by the counterparty by performance of executory contract
- j) Claims by the counterparty to the cancelled contract for existing profit or its value amount
- k) Claims in accordance with the obligation of continuous supply
- l) Taxes that are subject to withholding
- m) Wages, severance pay, and disaster compensation payable to the debtor’s employees
- n) Claims for recourse of any deposits and guarantee money against personal liability of the debtor’s employees that arise from reasons existing prior to the commencement of the rehabilitation proceeding
- 2 Estate claims in bankruptcy proceedings
- a) The claims for the expense of any procedures in court for the common benefit of the bankruptcy creditors
- b) Expenses for management, realization, and distribution of the bankruptcy estate
- c) Claims arising out of an act of the bankruptcy trustee with regard to the bankruptcy estate
- d) Claims made against the bankruptcy estate after the adjudication of bankruptcy due to any administration of affairs or unjust enrichment
- e) Claims made against the bankruptcy estate due to any act performed for an urgent necessity after the delegation is terminated or the power of attorney is extinguished
- f) Claims held by the other party, in the event the bankruptcy trustee performs any obligation under paragraph 1, article 335 of the DRBA
- g) Claims created by the time when a bilateral contract is terminated due to the adjudication of bankruptcy
- h) The counterparty’s claim to return the profit which was created by the benefit in return exists in the debtor’s property when the debtor’s transaction is denied
- i) Tax claims
- j) Payment, severance pay, and accident compensations for the debtor’s employees
- 3 Individual rehabilitation estate claims in individual rehabilitation proceedings
- 1 Common benefit claims in rehabilitation proceedings
- B Registration, verification, and satisfaction of administration claims
- C Ranking of administration claims
- A Definition and scope
- IV Non-enforceable Claims
- 17 National Report for Spain
- 18 National Report for Sweden
- 19 National Report for the United States
- 1 National Report for Australia
- Further Material
