ABSTRACT
This chapter deals with the challenges of the exercise of creditors’ rights in international insolvency cases. It explains that the EU insolvency law harmonises only some of the relevant elements of the exercise of creditors’ rights, such as a time limit for the lodgment of a claim in foreign insolvency proceedings, the standard form of the claims, and does not require a legal representation for the lodgment of a claim. It also focusses on the proper notification of creditors of the opening of insolvency proceedings and the lodgment of claims in both main and secondary insolvency proceedings and the equal treatment of creditors. This chapter also deals with the application of the principle of pari passu in cross-border insolvency proceedings.
