PROBLEMATIC ISSUES OF ADMINISTRATOR ACTIONS DURING THE PROCESS OF PHYSICAL PERSONS BANKRUPTCY

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Published: Dec 2, 2021

  Irina Cvetkova

  Reno Tumens

Abstract

The administrator presents the debtor in matters related to the insolvency proceedings of a physical person. The existing legal regulation does not provide clear and explicit representation of the extent to which the administrator may represent the debtor. There are no doubts that the administrator has the right to represent the debtor in disputes with creditors on creditors claims of the charges (their presence and amount). But the question remains open whether the administrator has the right to represent the debtor, for example, in cases of divorce and division of joint property, affairs (claims  led but not examined prior to the announcement of the insolvency proceedings) of debt recovery (loss) for the bene t of the debtor. The purpose of the abstract is to analyze the current status (the rights of) administrator in bankruptcy of an individual, the particular opinions of the Supreme Court judges, the planned amendment to the Law of Insolvency. The main conclusion - the administrator must have a range of legal powers in the process of bankruptcy of physical persons, which would give the opportunity to make full use of its responsibilities - to ensure a legal and ef cient process of bankruptcy of a physical person.

How to Cite

Cvetkova, I., & Tumens, R. (2021). PROBLEMATIC ISSUES OF ADMINISTRATOR ACTIONS DURING THE PROCESS OF PHYSICAL PERSONS BANKRUPTCY. Baltic Journal of Legal and Social Sciences, (2), 60-65. Retrieved from http://www.baltijapublishing.lv/index.php/bjlss/article/view/1360
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Keywords

administrator of process of insolvency, debtor, creditor, property of the debtor, general property

References
[1] The Latvian Republic Supreme Court Department of Civil Cases judgment on Case No. SKC-3/2016 from 31 March 2016
[2] Insolvency Law. Accepted 26.07.2010. Published LV 06.08.2010. No.124. Came into force 01.11.2010. The latest amendments to the 21.12.2015. Insolvency Law. Accepted 26.07.2010. Published: LV 06.08.2010. Nr.124. Came into force 01.11.2010. The latest amendments to the 21.12.2015.
[3] The draft law “ Amendments to the Insolvency Law” No. 367/p11 third reading on the Saeima plenary session, accessed at: http://titania.saeima.lv/LIVS11/saeimalivs11.nsf/0/E0F32356F44300C7C2257D6D0032EF57?OpenDocument [addressed 01.11.2016.]
[4] Latvian Republic Supreme Court of Administrative Affairs Department May 22, 2014 decision Nr.SKA-691, Latvian Republic Supreme Court Department of Civil Cases judgment of 22 April 2015, SPC-08/2015 7.4.
[5] Latvian Republic Supreme Court of Administrative Affairs Department May 22, 2014 decision in Case No. SKA - 691/2014
[6] Jelgava court judgment of 07 September 2016 in a civil case Nr.C15227616
[7] Liepaja court judgment of 15 April 2013 in Case Nr.C20387012
[8] Latvian Republic Civil Law. Passed 28.01.1937. Published: LV 30.06.1991.Nr.75. Came into force: 01.09.1992. as last amended by 29.10.2015.