Analysis of creditor positions and court decisions in insolvency cases, suggesting legal implications.
The article aims to deal with the procedural position of creditors and debtor in the light of amendments to the insolvency law. It seeks an answer to the question of how far the legislation and case law can go in finding reasons for a court decision to discharge a debtor in relation to the position of a creditor, especially a creditor of a non-preferential claim. The article will work mainly with the development of case law on this topic with possible de lege ferenda outcomes.
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Tomáš Pohl (2025) studied this question.
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