AKMV 
As we stated in the introduction of the article Filing a Claim in Bankruptcy/Bankruptcy Proceedings, in this article, we will also first familiarize you with the basic information.
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If you are interested in filing a claim in bankruptcy / restructuring, please do not hesitate to contact us at recepcia@akmv.sk
If you record a receivable (financial obligation) against a natural person or a legal entity, you must monitor whether this person, who holds the substantive legal status of a debtor, is seeking relief from debt (bankruptcy/discharge of debt), has declared bankruptcy, or has filed a petition for bankruptcy against their assets, or has filed a petition for authorization of restructuring. In only a few cases will you be notified of this fact, and if you are not “vigilant” in protecting your rights, you may cause a restriction or even the complete impossibility of satisfying your claim.
Therefore, if you record a monetary claim against someone, monitor the Register of Pre-insolvency, Liquidation, and Insolvency Proceedings (REPLIK), where you can search to see if a specific person has, for example, filed a petition for bankruptcy or a petition for authorization of restructuring. You can likewise verify this information on commercial portals.
Deadline for filing a claim in restructuring
If you find out that your debtor has filed a petition for authorization of restructuring, monitor when the resolution on authorizing restructuring will be issued; from that moment, the statutory 30-day period for filing your claim in your debtor’s restructuring proceedings begins to run. We note that pursuant to Section 199(7) of Act No. 7/2005 Coll. on Bankruptcy and Restructuring and on Amendments to Certain Acts (hereinafter referred to as the “Bankruptcy and Restructuring Act”), the resolution on authorizing restructuring is considered published on the day following its publication in the Register of Pre-insolvency, Liquidation, and Insolvency Proceedings.
How and where to file a claim in restructuring proceedings
A claim is filed in restructuring proceedings exclusively electronically via a designated electronic form and is addressed to the bankruptcy trustee listed in REPLIK. The claim filing form can be found directly on the slovensko.sk portal or simply in the forms section within REPLIK.
Procedure via slovensko.sk
After logging into the slovensko.sk portal, search for the service Filing a claim in restructuring proceedings, then fill in the recipient – the bankruptcy trustee – and proceed to complete the claim form itself. This includes entering the details of the debtor, your details as the creditor, the amount of the claim, interest, and describing the legal grounds for the origin of the claim, followed by attaching documentary evidence. Once completed, the form must be signed with a qualified electronic signature and submitted.
The claim must be filed within a 30-day period from the authorization of restructuring.
Requirements for a Claim in Restructuring Proceedings
The provisions of Section 29 of the Bankruptcy and Restructuring Act, which define the requirements for a claim in bankruptcy proceedings, shall apply mutatis mutandis to the requirements for a claim in restructuring proceedings. The prescribed requirements for a claim include:
- Identification of the creditor: name, surname, and residence of a natural person; in the case of a natural person – entrepreneur, the business name, name and surname (if different), place of business, and Identification Number (IČO); and the name, registered office, and Identification Number (IČO) in the case of a legal entity,
- Identification of the debtor: name, surname, and residence of a natural person; in the case of a natural person – entrepreneur, the business name, name and surname (if different), place of business, and Identification Number (IČO); and the name, registered office, and Identification Number (IČO) in the case of a legal entity (in the case of restructuring, only the identification of legal entities applies),
- legal grounds for the origin of the claim,
- order of satisfaction of the claim from the general estate,
- total amount of the claim in euros, itemized into principal and accessories,
- signature.
If you have a secured claim, for example by a lien/pledge, the security interest must also be properly and timely asserted in the claim, otherwise the claim in restructuring shall be considered an unsecured claim. Each secured claim must be asserted by a separate claim. Just as in bankruptcy proceedings, a submission asserting a claim in restructuring cannot be corrected or supplemented.
Documents proving the origin and existence of the claim must also be attached to the claim, and in the case of a non-monetary claim, an expert appraisal determining its value must be attached as well.
Failure to meet the deadline for filing a claim
If a creditor fails to file their claim within the prescribed 30-day period, they significantly weaken their chances of recovering it. If the court confirms the restructuring plan, upon the publication of the resolution confirming the plan in REPLIK, the creditor’s right to enforce these claims against the debtor expires, and the debtor is under no obligation to fulfill such an obligation. Likewise, if a creditor fails to assert a security interest attached to the claim within the statutory deadline, the claim shall be satisfied in restructuring as an unsecured claim.
