Abstract

Declaration of bankruptcy affects the civil proceedings initiated against the bankrupt. The court is obliged to suspend such proceedings if they relate to the debtor’s estate (under the bankruptcy, arrangement or remedial proceedings) and bankruptcy is declared, or if secondary bankruptcy proceedings are initiated, or if an administrator is appointed under the restructuring proceedings. The key issue relating to the resumption of such proceedings against the receiver in bankruptcy is how to interpret the phrase „heving exhausted the procedure defined by the statute” referred to in Art 145 of the Bankruptcy Law. The aim of this article is to critically analyse the opinions expressed in literature and the case-law in this respect.