In the course of business operations of the companies it often happens, that their economic situation is compromised to an extent, that they are no longer able to meet their short and long-term obligations. In such cases, we are talking about the insolvency of a company, for which one of the insolvency proceedings must be carried out. The objective of the financial reorganization procedures is to enable the indebted company to re-pay its debts and continue its operations. In the restructuring process, creditors must be given the best possible conditions for the repayment of their claims. Of particular importance is the classification of claims, which should be as close as possible to the substantive division, and not just focused on the formal. The compulsory settlement procedure depends, to a large extent, on the will of creditors, who decide on its adoption with their vote, where they are divided into two voting classes only by exception. The above is typical for the Slovenian legal system, while foreign regulations may differ significantly. The purpose of the master's thesis, is a comprehensive presentation of the Slovenian arrangement of compulsory settlement, as a fundamental process of financial restructuring, especially in terms of the classification of creditors and their impact on the scope of their rights. The problem of substantive division of receivables into business and financial is presented, as well as the related unequal treatment of creditors. Particular attention will also be paid to presenting the impact of regulation at the level of the European Union, on the subject and the comparative legal analysis of the procedures for the financial restructuring of foreign regimes, namely the United States, Great Britain, Germany and Croatia.
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