GUARANTEE ON ALL THE ASSETS OF THE DEBTOR IN INSOLVENCY PROCEEDINGS

Unsecured creditors in the insolvency of the debtor's creditors are those who do not have collateral security \nagainst the debtor's assets and who are not accompanied by liens privileges whose claims are current at the opening \nproceedings and claims us for current activities during observation. In the matter of the bankruptcy secured creditors \nset for secured debts are claims receiving collateral on the debtor's property, whether it is the primary obligor or third \nparty guarantee to persons benefiting from collateral. The secured creditor's secured claim in the insolvency procedure \nis given by the value of collateral assessment arising after the opening of insolvency proceedings the debtor. These \nspecial legal provisions contained in the bankruptcy, derogating from the common law, they often generate different \npractical situations and have created jurisprudence. In judicial practice of insolvency have encountered situations \nwhere the creditor security budget, which requires to be entered in the final table of the debtor in the category of \nsecured creditors, the debt claim, warranty claims for his claim is the universality of the debtor's assets. The study on \nwhich we focused includes analysis of these categories of claims in insolvency proceedings and the solutions adopted in \njudicial practice.