DOLNÝ, J., FENCI KOVÁ , K.: Postavenie veriteľa so zabezpečovacím opatrením vo forme záložného práva v konkurze. Právny obzor, 107, 2024, č. 3, s. 303 – 311.
https://doi.org/10.31577/pravnyobzor.2024.3.05
The position of the creditor with a security measure in the form of a lien in bankruptcy. In the case of legal entities, bankruptcy is probably the most common consequence of an unsuccessful business. Its consequence is the termination of business activity and the dissolution of the business company. In practice, however, bankruptcy is often preceded by lawsuits, in which creditors demand satisfaction of their claims through the courts. A common phenomenon in these proceedings is the securing of the claim with a lien established by the court at the proposal of the creditor. The aim of this article is to assess the nature of this lien and the related position of the creditor in bankruptcy. The current decision-making practice of the courts grants such a creditor the status of a secured creditor and his claim secured by a judicial lien the nature of a secured claim. The authors do not agree with this conclusion, while in the article they present the reasons for which they believe that the judicial lien does not justify the position of the secured creditor and the secured claim in the bankruptcy of the property of a legal entity. They base their claims on the interpretation of relevant legal norms and the conclusions of the decision-making activity of the Constitutional Court of the Slovak Republic.
Key words: bankruptcy, lien, secured creditor