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Challenges of

the New Insolvency Act

- Closing Gaps or

Opening Loopholes?

 

Editor: Mirna Marović

Publishers: MATE d.o.o. marketing and technology and TMA Croatia

 

TMA Croatia's first project is the publication of the book, "Challenges of the New Insolvency Act – Closing Gaps or Openign Loopholes?", in which Mirna Marović, the volume's editor and TMA Croatia first vice president, has pooled prominent insolvency experts, including judges, lawyers, consultants, economists and public service experts in the field. The intention behind the present text is that it will form an up-to-date account of themes, developments and perspectives relating to the new Insolvency Act.

 

Aimed at a practitioner audience, this collection of papers delivers cutting edge material. The timing of the book – to be issued on the day that the Insolvency Act comes into force – aims to provide timely notice to the target audience.

 

Papers in this book present both procedural and substantive matters relating to the Insolvency Act. However, the objective of the book is to go beyond an appraisal of the new law. This book also hopes to address and emphasise the development of the law where the articulation contains loopholes. Thus, the contribution of this book is to point out where features of the Insolvency Act are optimally designed, and which ones could benefit from improvement. 

Table of Contents

 

PRESIDENT'S INTRODUCTION

Hrvoje Draksler, MBA

Head of Workout Division at Erste Bank Croatia; President, TMA Croatia

 

EDITORIAL

Mirna Marović, MBA

Lecturer, Zagreb School of Economics and Management; First Vice President, TMA Croatia

 

1. ARE THE NEW PRE-INSOLVENCY AND INSOLVENCY PROCEEDINGS “NEW” ENOUGH?

Mićo Ljubenko, LLM

Founding Partner, Law Firm of Ljubenko & Partners

 

2. PRE-INSOLVENCY PROCEEDINGS ACCORDING TO THE NEW INSOLVENCY ACT

Mario Vukelić, LLB, BA

Mario Vukelić, LLB, BSc Economics

President of the High Commercial Court of the Republic of Croatia

 

3. THE RETURN OF THE REORGANISATION PLAN - A FALSE HOPE OR A LIFELINE

Renata Duka, LLB

Assistant Minister of Justice, Republic of Croatia

 

4. THE POTENTIAL ABUSE OF INSOLVENCY RULES BY THE DEBTOR, THE CREDITORS AND THIRD PARTIES

Jelena Čuveljak, PhD

Judge, Commercial Court in Zagreb; Professor, Zagreb School of Economics and Management (ZSEM)

 

5. INSOLVENCY ESTATE LIQUIDATION

Nevenka Marković, LLB

Judge, High Commercial Court of the Republic of Croatia

 

6. THE BANKER’S PERSPECTIVE: SOME OF THE OPEN-ENDED QUESTIONS IN THE NEW INSOLVENCY ACT

Hrvoje Draksler, MBA

Head of Workout Division at Erste Bank Croatia; President, TMA Croatia

 

7. DEBTOR OPERATIONS DURING PRE-BANKRUPTCY PROCEEDINGS – ENABLING THE CONTINUATION OF OPERATIONS

Beata Glinska, LLB

Founding Partner, Law Firm of Glinska & Misković

Tonka Gjoić, LLB

Attorney-at-law, Law Firm of Glinska & Misković

 

8. THE ECONOMIC CONSEQUENCES OF THE NEW INSOLVENCY ACT

Mirna Marović, MBA

Mirna Marović, MBA

Lecturer, Zagreb School of Economics and Management; First Vice President, TMA Croatia

 

9. CENTRAL AND EASTERN EUROPE – INSOLVENCY AND RESTRUCTURING OVERVIEW

Darija Hikec, BSc

Senior Manager, PwC Advisory

 

10. WHAT THE NEW INSOLVENCY ACT MEANS FOR ENTREPRENEURS AND ITS IMPACT ON OPERATIONAL RESTRUCTURING

Igor Benaković, MSc

Founder and General Manager of Business Treasury LLC

 

11. OPERATIONAL RESTRUCTURING IN THE FRAMEWORK OF THE NEW INSOLVENCY ACT

Slaven Ćurić, BSc

Managing Partner, ADMETAM

 

12. THE USE AND AVAILABILITY OF FINANCING IN INSOLVENCY

Michael Cullinane, MBA

Director, EMSA Capital

 

13. THE ROLE OF FINA UNDER THE NEW INSOLVENCY ACT AND THE IMPACT OF DECISIONS IN PRE-BANKRUPTCY AND

INSOLVENCY PROCEEDINGS ON THE PROCESS OF ENFORCEMENT AGAINST THE FUNDS OF THE ENFORCEMENT DEBTOR

Sandra Cindrić, LLB

Senior specialist for legal support, Financial Agency (FINA)

 

SHORT BIOGRAPHY OF THE AUTHORS 

 

 

 

 

Mate d.o.o. marketing and technology and TMA Croatia are joint publishers of the book that is published in both printed and electronic version in English and Croatian. 

Please contact us if you would like to obtain your free copy of the book at info@tma-croatia.com.

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The publication of the book “Challenges of the New Insolvency Act – Closing Gaps or Opening Loopholes?” is supported by our sponsors:

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