Abstract
The judgment under review deals with two issues commonlyt encountered in legal practice, namely the question of pursuing claims against the bankrupt and statutory interest for delay in commercial transactions. The interpretation of Art. 145(1) of the Bankruptcy Law laing down the rules for resuming court proceedings initiated before the declaration of bankruptcy against the receiver is unclear. Court proceedings in a case initiated against the bankrupt before the date of bankruptcy for a claim that is reportable to the bankruptcy estate may be resumed against the receiver only when in the course of bankruptcy proceedings the claim has not been included in the list of claims after the procedure prescribed by the law is exhausted (Art. 145(1) of the Bankruptcy Law). It is problematic to define what the legislator means by “exhausting the procedure prescribed by the law”. In addition, the interpretation of Art. 3(1) of the Law on Prevention of Excessive Delays in Commercial Transactions is questionable in practice. According to this provision, the Law on Prevention of Excessive Delays in Commercial Transactions does not apply to debts covered by the proceedings conducted under the provisions of the Bankruptcy Law. Therefore, the question arises what happens to the creditor’s claim for payment of statutory interest for delay in commercial transactions and compensation for the costs of debt recovery in the event the debtor is declared bankrupt.