Method of Protecting the Debtor's Estate

The concept of forming the debtor's estate is not clearly defined in the specialized literature. The content of this concept is usually revealed through the analysis of the algorithm of actions and measures taken by the insolvency court, the administrator or the liquidator in order to form the debtor's estate. As the first fundamental stage, the formation of the debtor's estate is of great importance and is of utmost interest to creditors. In fact, this stage serves as preparation for the subsequent implementation of the bankruptcy procedure, the liquidation of the insolvent debtor or the determination of the debtor's solvency. The provisional measures taken by the insolvency court, the administrator or the liquidator are intended to prevent the insolvent debtor, during the insolvency proceedings, from destroying or alienating assets or from inefficiently managing the patrimonial assets. Their importance lies in the fact that, through the application of these measures, the rights of the participants in the insolvency proceedings are protected.