BANKRUPTCY: FRAMEWORK FOR FRAUD, OR FOR CREDITOR SETTLEMENTS AND TRUST REHABILITATION?

The aim of this paper is to draw attention to practical problems in bankruptcy procedures in Croatia by displaying results of the fi eld research of closed bankruptcy cases, to eliminate deep-rooted shortcomings of the bankruptcy system, and to improve fulfi lment of bankruptcy purposes. The research was performed on a sample of 30 bankruptcy cases of larger public liability companies in Eastern Croatia, and was carried out at the Commercial Court in Osijek, State Archive in Osijek, State Archive in Vukovar (subsidiary in Vinkovci), and at the Financial Agency. The results exhibit average quantitative indicators of duration of bankruptcy procedures, proportions of creditor settlements, and remuneration of insolvency practitioners. The results show that events which are not in line with the purposes of bankruptcy happen frequently. Insolvency practitioners often do not keep business books in order and have the ability to embed unclear expenditures as costs of the bankruptcy procedure. It is not unusual to observe elusion and manipulation of creditors’ intentions. It is therefore necessary to improve transparency of bankruptcy procedures for the benefit of better settlements of creditors, and for increasing debtor restructuring opportunities.