Pre-Pack postupy v konkurznom práve: Vyvažovanie dôvernosti a transparentnosti v prípravnej fáze.

Abstract. Pre-pack procedures represent a specific arrangement in which the sale of a debtor’s business or assets is negotiated with a purchaser prior to the initiation of insolvency proceedings. Although widely recognised and applied in numerous countries, even without explicit legislative regulation, pre-pack procedures are a novelty to Slovak insolvency law and may soon be adopted under a recently published Directive Proposal. The paper provides a comprehensive overview of pre-pack procedures and their application in insolvency proceedings, with a primary focus on the preparatory phase. The authors analyse the transparency-enhancing mechanisms introduced by the Directive Proposal and examine the balance between confidentiality and transparency in the preparatory phase from an EU perspective. While confidentiality is a fundamental aspect of pre-pack procedures during the preparatory phase, transparency can be reinforced through measures such as strengthening the role of the monitor, specifying requirements for related-party offers, and establishing creditors´ rights to a hearing. Furthermore, the authors discuss whether Slovak insolvency regulation currently offers an alternative solution for the sale of a debtor’s business or assets in line with the EU´s proposed requirements. A comparative approach is taken to analyse the transparency-enhancing mechanisms within the preparatory phase of pre-pack procedures as offered by selected national regulations. National solutions, such as an independent evaluator, silent trustee, or silent judge, could also serve as an inspiration for the Slovak legislator to ensure optimal sale results while increasing creditor satisfaction.