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  • Article

    Creditors To Be Able To Demand Freezing Of Accounts Of Debtors Abroad

    Creditors will be able to request from courts to issue a European Account Preservation Order for bank accounts of debtors, read a project for the amendment of the Civil Procedure Code...
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Borissov & Partners
    Borissov & Partners
  • Article

    Amendments To The Civil Procedure Code – Better Debtor Protection Or New Opportunities For Avoidingance Of Enforcement ?

    For example, the requirement to appoint a special representative of the defendant provides another vehicle for debtors to potentially abuse the process and delay the proceedings while incurring additional costs for the claimant.
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Wolf Theiss
    Wolf Theiss
  • Article

    Insolvency During The State Of Emergency And Creditor Protection

    Bulgaria has been in a state of emergency since 13 March due to the COVID-19 outbreak. On 23 March the Parliament voted on a special State of Emergency Act (COVID-19 Act) which...
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Changes To Insolvency Procedure

    A number of changes have been made to insolvency procedure to remove various discrepancies and controversial practices.
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Two Proposed Amendments To Bulgaria's Bank Insolvency Act Have Been Introduced To Harmonise Local Law With EU Rules And To Further Refine The Legislation

    March 2019 – On 22 February 2019 and 26 February 2019 two bills were introduced in the Bulgarian parliament to amend the existing Bank Insolvency Act ("Bills").
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Kinstellar
    Kinstellar
  • Article

    Bankruptcy Regulations According Bulgarian Legislation

    The Bulgarian Commercial Code Chapter on Bankruptcy provides for reorganization or rehabilitation of a legal entity, maximizes asset recovery, and provides for fair and equal distribution among all creditors.
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    International Law Office D. Vladimirov and Partners
    International Law Office D. Vladimirov and Partners
  • Article

    The Bulgarian Commerce Act Amended To Prevent Falsification Of Documents

    On 2 January 2017, amendments to the Bulgarian Commerce Act (the "Act") entered into force in Bulgaria.
    BulgariaCorporate/Commercial Law
    Wolf Theiss
    Wolf Theiss
  • Article

    New Interpretative Judgment Of The Bulgarian Supreme Court Of Cassation On Insolvency Matters

    The Judgment addresses nine questions which were inconsistently resolved by lower courts.
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Wolf Theiss
    Wolf Theiss
  • Article

    The Latest Amendments To The Credit Institutions Act See The Dictates Of Bank Secrecy Bested

    The Bulgarian Corporate Commercial Bank ("CCB")'s insolvency has resulted in a variety of changes to the Bulgarian banking legislation.
    BulgariaFinance and Banking
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Insolvency in Bulgaria: Downsides Creditors may Encounter

    The general legal framework of existing Bulgarian insolvency law covers the core features recognised by the international insolvency community and takes account of EC Regulations and Directives.
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Insolvent Borrowers Successfully Challenge Security Granted To Banks In Bulgaria

    Banks in Bulgaria are seriously concerned with borrowers fraudulently manipulating their accountancy books.
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    What Information On Counterparty Creditworthiness Is Available From Public Sources?

    The means of obtaining information on a person’s creditworthiness were broadened in 2011 by launching a pending execution proceedings register kept by the Bulgarian Private Bailiffs Chamber.
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Bulgaria's Supreme Court Of Cassation Issues Interpretative Judgement Strengthening The Equal Treatment Of Creditors And Expediting Insolvency Proceedings

    February 2019 – On 3 December 2018, Bulgaria's Supreme Court of Cassation ("SCC") issued Interpretative Judgment No 1 (the "Judgement") on interpretative proceedings No 1/2017
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Kinstellar
    Kinstellar
  • Article

    Amendments In Measures Against Money Laundry Act (MAMLA)

    On 14.07.2023 the National Assembly of Bulgaria adopted new amendments to the Measures against Money Laundering Act (MAMLA), which aim to achieve compliance with the Directive 2018/843 of the European Parliament and of the Council of 30 May 2018.
    BulgariaGovernment, Public Sector
    Eurofast
    Eurofast
  • Article

    Bulgaria's 2023 Commerce Law Amendments: A Fresh Look At Insolvency Proceedings

    In the dynamic landscape of 2023, Bulgaria underwent a remarkable metamorphosis in its insolvency proceedings due to game-changing amendments to the Commerce Law.
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Eurofast
    Eurofast
  • Article

    Bulgarian Coronavirus Payment Moratorium And Its Effect On Cross-border Financial Transactions

    The Moratorium was not self-proclaimed by the Bulgarian Parliament as an overriding mandatory piece of law so the courts discretion in cross-border scenarios has been retained
    BulgariaFinance and Banking
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Emergency Insolvency Law Passed In Attempt To Recover Assets Of Country's Fourth-Largest Bank

    On 24 March 2015, the Bulgarian parliament promulgated an emergency insolvency law that makes almost all of the major effects of insolvency proceedings applicable to Corporate Commercial Bank.
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Transposition Of EU Restructuring / Second Chance Directive In Bulgaria: Problems With New Ipso Facto Prohibitions Under Commercial And Financial Transactions

    As of July 2017, there has been a pre-insolvency restructuring regime[1] for corporate entities in Bulgaria who are in a state of "likelihood of insolvency", but not actually insolvent...
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Draft Law Implementing BRRD Needs To Be Amended To Provide "Appropriate Protection" For Close-Out Netting Arrangements

    On 10 July 2015, the Bulgarian parliament passed, at first reading, a bill intended to implement the EU Bank Recovery and Resolution Directive.
    European UnionFinance and Banking
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    The International Comparative Legal Guide To Recovery & Insolvency 2012 - Bulgaria

    How does a creditor take security over assets in Bulgaria?
    BulgariaInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)

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