If a company faces a situation threatening insolvency, the satisfaction of creditors' claims is at risk. In such cases, the company's managers must prioritize the interests of the creditors, and for failure to do so, they are subject to civil and/or criminal liability, which we describe in this article.
Overview
In Hungary, many creditors choose liquidation procedure instead of classic court procedures (i.e. order for payment and civil litigation) in order to recover their claims. A recent decision has once again demonstrated that liquidation proceedings can in many cases be a simpler solution for creditors to recover their claims. In this article following an introduction to the relevant rules of the liquidation procedure we will examine this decision.
1. Liquidation procedure in nutshell