Pledgee’s Rights in the Bankruptcy of the Pledger
Keywords:
pledgee, collateral, collateral security, bankruptcyAbstract
The purpose of this article is to examine what the bankruptcy of the pledger means to the pledgee. The Bankruptcy Act (120/2004), which entered into force on 1 September 2004, has restricted the pledgee’s freedom to act as a privileged creditor during the bankruptcy proceeding. Nowadays also the pledgee has an obligation to lodge his claim to the bankruptcy estate and the pledgee’s possibilities to liquidate the collateral during the bankruptcy are restricted. However, the collateral remains in force although the pledgee has failed his duty to lodge his claim. Furthermore, the article examines what is required to achieve effective collateral towards a bankruptcy estate. Particular attention is paid to Bankruptcy Act Chapter 3, Section 2 (1) about bona fide transactions, which interpretation has been open to dispute.
