Article 34
Core participants in the whole case with broad procedural rights.
Article 35
Representatives and special participants in the court process.
Rights differ
Admission to one dispute does not necessarily permit appeal of every order.
Who participates in the bankruptcy case
| Status | Typical role | Limit |
|---|---|---|
| Debtor | Files records, objections and motions | Restrictions depend on the procedure |
| Insolvency practitioner | Administers the procedure and protects the estate | Does not represent one individual creditor |
| Registered creditor | Files a claim, votes and joins disputes | Rights depend on establishment and claim type |
| Authorised body | Represents public claims | Acts within its statutory competence |
| Public authority | Participates in statutory cases | Location alone does not create unlimited rights |
Participants in the court process
Article 35 names representatives of employees, the owner of a unitary enterprise, shareholders, the creditors’ meeting or committee. The practitioners’ SRO and regulator participate in appointment or removal issues. A current creditor participates when a violation of that current creditor’s rights is considered.
A meeting representative does not replace creditors’ own rights. The elected body is covered in the guide to the creditors’ committee.
Proving status
- Identify the statute granting participation in the issue.
- Attach the claim order, minutes, power of attorney or other instrument.
- Explain which rights the contemplated order affects.
- File a motion for joinder where status is not automatic.
- Confirm access to the specific case and separate dispute.
- Observe independent filing and appeal periods.
A controlling person
On a reasoned motion, the court may join a controlling person in issues capable of affecting liability and its amount. Filing the motion is not an admission of fault. The substantive grounds remain with the guide to director subsidiary liability.
Frequently asked questions
May a participant inspect the whole file?
Access depends on status. A special participant may be limited to the issue for which it was admitted.
Who may appeal an order?
The appellant must have procedural status or show that the order directly determines its rights and obligations.
Does a representative need authority?
Yes, unless authority follows directly from statute, a court order or election minutes.
Does a shareholder automatically join company bankruptcy?
No. A shareholder representative normally acts, or the person must be joined on a specific statutory ground.
Official sources
Need to join a bankruptcy case?
We can identify status, documents and limits without promising admission to every dispute.
Initial consultation