CREDITORS' CLAIMS IN BANKRUPTCY PROCEEDINGS - ISSUES AND CONCERNS

A generally accepted rule in the bankruptcy law is that a bankruptcy creditor can file a claim against the debtor only in bankruptcy proceedings. This rule has a legal effect. If the creditor's claim in the bankruptcy proceeding has not been disputed, the creditor is not able to instigate legal and execution proceedings. Obviously, this applies to financial claims. However, it is not clear whether the above can be applied when the claim is not financial but when it concerns a request for the nullification of a contract. It is of particular interest whether such a request can be made by a counterclaim against the debtor in an ordinary judicial proceeding or only in bankruptcy proceedings. Using a practical example, the authors concluded that it is possible for a creditor to make a request for the nullification of a contract by a counterclaim in a civil lawsuit.