What is Full text of Act No. 238 / 1996 Coll.?

Full text of Act No. 238 / 1996 Coll., Act on bankruptcy and settlement (full text as resulting from subsequent amendments and additions) — Act on bankruptcy and settlement (full text as seen from later amendments and additions).

When it became Full text of Act No. 238 / 1996 Coll. effectiveness?

Full text of Act No. 238 / 1996 Coll. became effective date not available.

Is Full text of Act No. 238 / 1996 Coll. still valid?

Yes, Full text of Act No. 238 / 1996 Coll. is still valid and effective.

Full text of Act No. 238 / 1996 Coll. - Act on bankruptcy and settlement (full t...

238

_

Announces

the full text of Act of 11 July 1991 No 328 Coll., on bankruptcy and settlement, as follows from the amendments and additions made by Act of 25 March 1993 No 122 Coll., Act of 16 February 1994 No 42 Coll., Act of 23 March 1994 No 74 Coll., Act of 29 April 1994 No 117 Coll., Act of 8 July 1994 No 156 Coll., Act of 3 November 1994 No 224 Coll., Act of 18 April 1995 No 84 Coll. and Act of 13 March 1996 No 94 Coll.

THE LAW

on bankruptcy and settlement

The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

(1) The purpose of this Act is to organise the property ratios of the debtor who is bankrupt.

(2) The debtor is bankrupt if he has more creditors and is unable to meet his due obligations for a longer period. If the debtor has stopped payments, he shall be deemed unable to meet his due obligations.

(3) A natural person, if he is an entrepreneur, and a legal person is bankrupt even if he is overindebted. Overindebtedness shall be the case where that person has more than one creditor and where his / her liabilities are higher than his / her assets; the expected return on the continued business activity is included in the valuation of the debtor's assets if income exceeding the cost of continuing the business can reasonably be assumed.

§ 1a

This Act cannot be applied to the organisation of the property regimes of a local self-governing entity or other legal entity established by the law, provided that the State has taken over or guaranteed its debts.

§ 2

(1) If the debtor is bankrupt, bankruptcy proceedings (bankruptcy proceedings) or settlement proceedings (settlement) may be initiated under the conditions laid down by this law.

(2) repealed

(3) The purpose of the bankruptcy or settlement is to achieve a proportional satisfaction of the creditors of the debtor's assets.

§ 3

(1) Save as otherwise provided, the provisions of the Civil Code shall apply mutatis mutandis to bankruptcy and settlement.

(2) The Court of First Instance shall act by order; the hearing shall be ordered only if the law so provides or if the court considers it necessary.

(3) If the law does not provide for a form of appeal to the court, an order may also be served before the court, which shall be published at least 15 days in advance in the Commercial Journal and on the official record of the court.

ČÁST DRUHÁ

COMPETITION

§ 4

Application for declaration of bankruptcy

(1) An application for bankruptcy is entitled to be filed by the debtor or by any of his creditors or by another person, if a special law so provides.

(2) If it is a creditor's proposal, the applicant must demonstrate that he has a claim due against the debtor and state the circumstances which prove that the debtor is bankrupt and that he has sufficient assets to cover the costs of the bankruptcy. The appellant shall be obliged to attach to the application the documents in which he refers.

(3) Where the debtor's proposal is concerned, the applicant shall attach to the proposal a list of his assets and liabilities with the dates on which they are due, indicating his debtors and creditors, as well as their addresses, and, in the case of the entrepreneur, their registered office or place of business.

(4) The application of another applicant for a declaration of bankruptcy in respect of the same debtor's assets submitted before the court has final decision on the declaration of bankruptcy shall be deemed to be an accession to the proceedings from the date of the application; However, the other appellant must accept the state of procedure in which it is in place at the time of its accession.

(5) The applicant may withdraw its application pending the declaration of bankruptcy. The Court of First Instance shall terminate the proceedings if all the applicants who have intervened so agree.

§ 5

(1) The applicant is obliged to pay an advance on the cost of the bankruptcy of CZK 10 000 at the court's request within the prescribed period; where several applicants participate in the proceedings, the advance shall be paid jointly and severally.

(2) If the advance on the costs of the bankruptcy is not paid within the prescribed time limit, the court shall terminate the proceedings. The appellant must be informed of this consequence.

Withdrawal period

§ 5a

(1) The debtor may propose the authorisation of the withdrawal period within 15 days of receipt of the application for bankruptcy by the court, where the application has been lodged by a creditor or by a person other than the debtor; remission of the delay shall not be permitted.

(2) The application for authorisation of a withdrawal period shall include, in addition to the general procedural requirements of the submission, information concerning the debtor entering the register, the list of the property of the debtor, including the lien and the lien rights attached thereto, the list of creditors, indicating the amount of their claims, the list of the property and liabilities of the debtor with a maturity date of no more than three months, and a specific proposal for the organisation of the debtor's legal arrangements and measures relating to his undertaking during the withdrawal period; the entrepreneurs shall also submit the latest financial statements.

§ 5b

(1) A withdrawal period may be allowed if:

(a) the application shall be lodged in due time, by an authorised person, while maintaining the procedure of the court under Article 43 of the Civil Code, and shall contain the required formalities;

(b) the application does not concern a legal person in liquidation;

(c) the proposal concerns an entrepreneur who employs at least 50 persons in employment;

(d) it is not a reapplication for authorisation of a withdrawal period in the same proceedings.

(2) The Court of First Instance shall allow a withdrawal period where the conditions referred to in paragraph 1 are met and where the particulars of the application are supported in such a way as to justify the possibility of a satisfactory solution to the debtor's assets within the period of withdrawal; otherwise reject the application for a withdrawal period. An appeal shall not be admissible against a court decision on a withdrawal period.

(3) The order authorising the withdrawal period shall be served by the court on the debtor and on the creditors mentioned in the application. They shall also be sent to the court which keeps the trade register in which the debtor is registered and to the cadastral offices which record the debtor's property; where the debtor is a State firm or other State organisation, or an organisation established or established by a municipality, the court shall send an order authorising the withdrawal period to those who are the founders or founders of the debtor in accordance with the special rules. In addition, they shall be posted on the official record of the court on the same day it was issued and published in the Trade Bulletin.

(4) The creditors mentioned in the application for a withdrawal period and other creditors who have applied for proceedings during the withdrawal period have the status of bankruptcy creditors (§ 7); If they come to the declaration of bankruptcy, the order must be delivered to them.

(5) At the same time as the withdrawal period is authorised, the court will convene a meeting of creditors (§ 10) or, if necessary, appoint a guardian for creditors (§ 11a). The creditors' meetings shall be elected by the creditor committee. The failure to deliver to one of the creditors when the meeting is convened does not preclude the validity of the choice if the order of the court to convene creditors was posted on the official record of the court and published in the Commercial Journal.

§ 5c

The withdrawal period shall be three months and shall begin on the day on which the order on its authorisation was placed on the court's official record. The court may, on application by the debtor made during the withdrawal period, extend it for a maximum period of three months if the creditor committee so agrees.

§ 5d

For the duration of the withdrawal period

(a) the court shall be confined in the proceedings to the procedural acts required in respect of the period of withdrawal;

(b) creditors may not recover from the debtor the satisfaction of their claims by the enforcement of a decision, except in the case of employment claims and other claims relating to taxes, fees, duties and social and health insurance premiums; the procedures already opened are suspended,

(c) the court may decide, on a proposal from the creditor committee or the guardian, that certain acts of the debtor shall not be taken at all or only after the prior agreement of the creditor committee or the guardian of the creditors; the legal acts carried out in breach of this court decision are ineffective against creditors;

(d) the legal acts by the debtor which would shorten the interests of creditors to satisfy their claims are ineffective to the creditors;

(e) the debtor is obliged to constantly seek to overcome bankruptcy and to inform the creditor committee or, where appropriate, the guardian of the measures taken and, if necessary, request their synergies.

§ 5e

(1) The withdrawal period ends with the expiry of the period, the termination of the bankruptcy procedure, the declaration of bankruptcy or the authorisation of compensation.

(2) The expiry of the withdrawal period shall cease to be effective in accordance with § 5d; however, if the withdrawal period expires, the effects referred to in § 5d (b) to (d) shall be maintained until the bankruptcy declaration has been declared, unless the court decides on their earlier termination.

§ 5f

repealed

§ 6

Competitive substance

(1) The assets subject to bankruptcy constitute the bankruptcy nature (hereinafter referred to as "substance.").

(2) The tender concerns assets belonging to the debtor on the date of the declaration of bankruptcy and acquired for bankruptcy. such property shall also mean wages or other similar income. It shall not fall within the scope of an asset which cannot be subject to enforcement; the assets used for business activities are not, by definition, excluded.

§ 7

Participants in the bankruptcy

The parties to the bankruptcy are creditors who claim (hereinafter referred to as "bankruptcy creditors') and the debtor.

Nature Manager

§ 8

(1) The liquidator (hereinafter referred to as "the administrator") is essentially chosen from the list of AIFMs leading the court responsible for the proceedings (§ 3 (1)). The list of AIFMs may be entered only by a natural person who is fully competent to act, has adequate professional competence and agrees to the registration. The court may only establish an unbiased natural person by the administrator. Persons included in the list of AIFMs may refuse this function only where the grounds to be assessed by the court are relevant. Exceptionally, the court may place both the administrator and the person on the list of AIFMs not registered if it fulfils the conditions for entry in that list.

(2) In the performance of his duties, the administrator is required to exercise professional care and is liable for damage caused by breach of the obligations imposed on him by law or by a court.

(3) The administrator is entitled to the remuneration and reimbursement of the final expenses. The claims of the administrator shall be met by bankruptcy and, if not sufficient, by advance payment of the costs of the bankruptcy lodged by the appellant. The agreements of the AIFM concluded with the parties to proceedings for other remuneration or compensation shall be void. The accounts of remuneration and costs shall be settled by the administrator in the final report and, if not by him, upon cancellation of the bankruptcy; before that, the court can grant him advances. Creditors shall be entitled, with the agreement of the court, to provide the administrator with an advance payment, even once again, on the basis of the decision of the creditor committee; where an advance is granted, the purpose for which it is to be incurred and the conditions for its billing may be determined.

(4) If the AIFM fails to fulfil its obligations properly, the court may impose an order of order.

(5) For important reasons, the court may, on application by one of the participants or the administrator, or on its own motion, relieve the administrator of the position. If the court relieves the administrator of his office, it shall establish a new administrator. The discharge of the function shall not render the administrator liable in accordance with paragraph 2 for the duration of the duties. The administrator who has been relieved shall inform the new administrator accordingly and make available all documents.

§ 9

(1) If the scope of the administration so requires, the court may establish a special administrator for a particular branch of administration to assist the administrator. The Special Administrator shall have the rights, duties and responsibilities of the AIFM within its scope.

(2) Where appropriate, the court may establish a representative to the administrator in case, for serious reasons, he is unable to perform his duties temporarily.

(3) For the establishment, remuneration and exemption of the function of special trustees and the representative of the trustee, the provisions on the trustee shall apply.

The insolvency creditors' meeting and the creditors' committee

§ 10

(1) The Court of First Instance shall convene a meeting of the insolvency creditors, if necessary in order to establish their views necessary for the further conduct of the bankruptcy proceedings, and shall govern its conduct; on the proposal of the administrator, it shall always convene it. The insolvency creditors' meetings shall be notified in an appropriate manner, indicating the date and subject matter of the hearing.

(2) A simple majority of the votes, calculated according to the amount of the claims, must be required for the validity of the order and for the elections of the creditor committee; Unless otherwise specified, only the votes of the insolvency creditors at the meeting of the persons present or duly represented shall be counted. At least two insolvency creditors representing at least one quarter of the bankruptcy claims shall be present for the validity of the meeting held after the examination.

(3) Only bankruptcy creditors whose claim has been established may vote. The Court of First Instance shall decide whether bankruptcy creditors whose claim has not yet been established may also vote is questionable or conditional.

§ 11

(1) If the number of insolvency creditors exceeds 15, they shall be required to establish a creditor committee. In the case of a lower number of insolvency creditors, the insolvency creditors may elect their representative instead of the creditor committee; the provisions on the rights and obligations of the creditor committee shall apply mutatis mutandis to that representative.

(2) The CESR shall have at least three and a maximum of nine members; the number of members shall be decided by the meeting of the insolvency creditors. Each member of the creditor committee shall have an alternate.

(3) Only insolvency creditors may be members of the creditor committee and their alternates; where a legal person is a member or an alternate, it shall notify the court who will act for it on the creditor committee.

(4) The members of the creditor committee and their alternates elect meetings of bankruptcy creditors and confirm the court. If one of the members is unable to perform his or her duties or renounces his or her duties or is unable to attend the proceedings of the creditor committee, an alternate shall take his or her place. The court may order an additional choice.

(5) The creditor committee shall elect a chairman and vice-chairman from among its members, oversee the activities of the administrator and carry out the tasks provided for by this law or imposed on it by the court. He shall be entitled to make submissions to the court concerning the conduct of the proceedings.

(6) The credit committee shall meet on its own initiative or be convened by a court. It shall act by a majority of its members; the members absent are represented by alternates.

(7) The members and alternates of the creditor committee are entitled to reimbursement of the necessary expenses associated with the performance of their duties and to an appropriate remuneration to be determined by the court; these claims are claims on the substance referred to in Paragraph 31 (2).

§ 11a

Until a creditor committee is set up or a representative of creditors of insolvency creditors' meetings is elected, the court may appoint a guardian for creditors, (1a) if necessary to protect their rights. The rights and obligations of the guardian shall cease by the establishment of a creditor committee or by the appointment of a representative of creditors pursuant to Article 11 (1).

§ 12

Court supervision

(1) The Court of First Instance is entitled to request from the administrator a report and explanations, to look into its accounts and to conduct the necessary inquiries. It may require the administrator to seek the opinion of the creditor committee on certain questions or to give instructions itself.

(2) No appeal shall be admissible against measures in the supervision of the court in bankruptcy proceedings. This also applies to the decision of the court on the right to vote.

§ 12a

Declaration of bankruptcy

(1) If the debtor is declared bankrupt and the other conditions laid down by law are fulfilled, the court shall declare bankruptcy by order.

(2) Competition cannot be declared

(a) to the assets of a political party or political movement, from the date of the announcement of the national elections to the Chamber of Deputies, the Senate, the town and municipal councils or the representatives of the higher local authorities to the 10th day following the last day of the elections;

(b) for the duration of the compulsory administration under the special rules, unless the insolvency declaration has been proposed by the forced administrator;

(c) for the duration of the withdrawal period, unless it is found that the debtor has given false or incomplete information in the application for its authorisation.

(3) The application for bankruptcy shall be rejected by the court if it is clear that the debtor's assets are not sufficient to cover the costs of the bankruptcy.

§ 13

(1) In the order on the declaration of bankruptcy, the administrator must be established and creditors must be invited to register all their claims within 30 days of the date of the declaration of bankruptcy, indicating their amount, the legal basis for the establishment and their collateral. The invitation shall include a warning that claims which have not been applied for will not be considered in bankruptcy.

(2) The resolution on the declaration of bankruptcy shall be served on the participants in the bankruptcy. it shall be delivered to the administrator, liquidator and all known creditors as well as to the competent tax authorities. The order shall be delivered to the debtor in his own hands.

(3) The order shall be hung on the day on which it was issued, in full or in an appropriate abbreviated form, on the official record of the court and on the official record of the district court in whose district the debtor's undertaking or his residence is situated, if they are outside the seat of the court. The extract of the order shall also be published by the court in the manner laid down by the special regulation. Where the debtor is registered in a commercial or other register, the court shall notify the institution which holds the register of the bankruptcy and which shall enter it. The Court of First Instance shall also notify the bankruptcy declaration to the cadastral authorities, which shall record the properties known to be belonging to the debtor.

(4) The effects of the declaration of bankruptcy will take place on the date of publication of the order on the court's official record. This day, the debtor becomes a loser.

(5) Similarly, in accordance with paragraphs 2 and 3, where the application for bankruptcy has been rejected pursuant to § 12a (3).

§ 13a

If bankruptcy is declared in respect of a legal entity in liquidation, the liquidation shall be suspended for the duration of the liquidation. The liquidator shall, during that period, only exercise its powers to the extent that it has not transferred to the AIFM; the liquidator shall also be responsible for the interaction with the AIFM. It shall be entitled to reimbursement of the necessary costs and to an appropriate remuneration to be determined by the AIFM with the agreement of the court.

§ 14

Effects of the bankruptcy declaration

(1) The bankruptcy declaration has the following effects:

(a) the authorisation to dispose of the property passes to the administrator. The legal acts of a bankruptcy concerning this property are ineffective against bankruptcy creditors. The person who entered into a contract with the deceased may withdraw from it unless, at the time of its conclusion, he knew of the bankruptcy declaration,

(b) the deceased may refuse to accept the gift or refuse the inheritance only with the agreement of the administrator;

(c) proceedings for claims relating to assets belonging to bankruptcy or intended to be satisfied by those assets of which the insolvency participant is a participant shall be suspended unless they are criminal proceedings (but in which no decision may be taken on compensation), maintenance proceedings for minors, enforcement proceedings; with the exception of the insolvency proceedings (§ 20), the proceedings may be continued on a proposal from the administrator or, where appropriate, the other parties to the proceedings, and the administrator shall become a party to the proceedings instead of a bankruptcy; the insolvency practitioner may file an application for continuation of proceedings only if the AIFM has not lodged it within a time limit specified by the court, in which case the insolvency practitioner shall remain party to the proceedings,

(d) claims relating to property belonging to or intended to be satisfied with that property may be initiated only on the application of the AIFM or against the AIFM; If the claims to be filed for bankruptcy (Paragraph 20 (1)) are subject to proceedings, with the exception of enforcement proceedings, may be initiated only under the conditions set out in paragraphs 23 and 24,

(e) enforcement of a decision (execution) affecting property belonging to the substance cannot be carried out and the right to separate satisfaction cannot be acquired with that property (§ 28),

(f) the rights to separate satisfaction (Paragraph 28) relating to assets belonging to the substance and acquired by creditors in the last two months before or after the application for bankruptcy; However, if the goods or claims have also been monetized at that time, the proceeds obtained shall fall within the substance;

(g) the insolvency claims and its obligations to be satisfied by nature shall be deemed to be due in bankruptcy;

(h) the insolvency orders, the powers of attorney, including the procure, and the applications not yet accepted for the conclusion of the contract, shall cease if they relate to assets belonging to the substance; the power of attorney granted by the debtor for bankruptcy proceedings shall expire only on the date of the legal authority of the order on the declaration of bankruptcy;

(i) netting on assets belonging to the substance is not permitted;

(j) deleted:

(k) the deceased's non-joint ownership of the spouses ceases to exist and the part with which the deceased has been engaged falls within the substance.

(2) If, at the time of the bankruptcy declaration, the mutual performance agreement has not yet been met by either the insolvency or the other participant in the contract or has been met only partially, each Contracting Party may withdraw from the contract.

(3) A lease contract concluded by a insolvency practitioner as a tenant shall be entitled to terminate it within the time limit laid down by law or contract, even if it has been negotiated for a specified period.

§ 14a

By declaring bankruptcy, the trustee shall be entitled to exercise the rights and obligations which, under the law and other legislation, are otherwise the responsibility of the insurer if it relates to the treatment of property belonging to the substance. In particular, the AIFM shall be entitled and obliged to exercise the rights and perform the duties of the employer, to decide on the business matters of the undertaking, to take the legal action necessary for the insolvency of the undertaking, to ensure that the accounts are kept and the performance of the obligations under the tax rules. This is without prejudice to the obligations imposed by the insolvency practitioners under this law.

Ineffectiveness and irrevocability of legal acts

§ 15

(1) Where bankruptcy has been declared, the legal acts of the debtor carried out in the last six months prior to the application for a declaration of bankruptcy or following the application for a declaration of bankruptcy shall be ineffective against the creditors:

(a) participate in or establish a legal entity;

(b) acquire ownership in a company or cooperative, or in the business of another person,

(c) transfers items from their property to other persons free of charge or under clearly unfavourable conditions, except for a reasonable donation to persons close to normal opportunities;

(d) take over disproportionate liabilities on its assets;

(e) reject the inheritance or gift without having a serious reason which does not lie in its property situation.

(2) The performance of inefficient legal acts or compensation for such legal acts shall be issued in substance; the trustee and any of the insolvency creditors may apply for this.

§ 16

(1) The right to oppose legal acts under the conditions laid down in Section 42a of the Civil Code may be exercised by the liquidator or by the insolvency creditor.

(2) The right to oppose legal acts may be exercised not only against persons who have agreed with the insolvency party a contradictory legal act, but also against their heirs; against third parties only if they have been aware of the circumstances justifying the irrevocability of legal acts against their legal predecessor.

(3) A deplorable legal act cannot be offset by a mutual claim from the defendant against the bankruptcy.

(4) Everything by which the debtor's property has been reduced by an irrevocable legal act must be returned to its substance and, if this is not possible, compensation must be paid.

Determination of substance

§ 17

(1) The insolvency practitioner is required to immediately draw up and submit to the administrator a list of his assets and liabilities, indicating his debtors, creditors and their addresses, to the administrator of his business book and all necessary documents and to provide him with the necessary explanations. The list of assets and liabilities submitted must be signed by the insolvency practitioner and expressly stated that it is correct and complete.

(2) If he does not propose bankruptcy to the insolvency practitioner, he shall submit a list of his assets and liabilities as soon as he has been called upon to do so within 30 days of the declaration of bankruptcy.

§ 18

(1) The inventory (hereinafter referred to as "the inventory") shall be carried out by the AIFM in accordance with the instructions of the court using the list submitted by the insolvency practitioner and the co-operation of the creditor committee. If the insolvency has failed to comply with the obligation under Paragraph 17 (2), the court shall order him to appear for the listing of the assets and to issue the necessary documents to the administrator.

(2) Whoever has the substance of the case shall notify the administrator of the case as soon as he becomes aware of the bankruptcy declaration and shall allow the administrator to enter the case in the inventory and estimate it; otherwise he's responsible for the damage he caused.

(3) The inventory shall include the valuation carried out by the insolvency or the AIFM; If required by the creditor committee, the valuation shall be carried out by an expert. Valuation shall be made at the usual price, unless otherwise provided in the Special Law.

§ 18a

(1) Enterprise (3) is entered in the inventory as a file; However, it must be clear from the inventory what all of this file belongs to the date of the inventory.

(2) The bankruptcy declaration does not terminate the operation of the undertaking. This operation will be terminated only if the court so decides.

(3) After a declaration of bankruptcy pending the decision by the court to terminate the operation of the undertaking, the AIFM may, with the agreement of the court, take the necessary measures to ensure that the undertaking continues to operate; (3a) The provisions of specific laws on the conditions for the operation of an undertaking and, where appropriate, the pursuit of a profession or business are without prejudice to this.

§ 19

(1) Where there is doubt as to whether the case falls within the substance, the substance shall be entered in the inventory with a statement of claims made by other persons or with a note of other reasons which call into question the classification of the case.

(2) The Court of First Instance shall order the appellant that the case should not have been included in the inventory in order to bring an action against the controller within the time limit specified by the court. If the action is not brought in due time, the case shall be deemed to be legally included in the inventory.

§ 20

Claims applications

(1) Competitive creditors shall lodge their claims within the time limit laid down in the order on the declaration of bankruptcy, even if they are subject to legal proceedings or enforcement. At the same time, they shall indicate whether they apply separate satisfaction (§ 28) as well as other reasons for priority ranking in the schedule.

(2) The applications are filed in a double court. The application shall state the amount of the claim, its accessories, the facts on which it is based and the evidence by which it may be established. If the claim is based on a written act of law, the instrument must also be attached. If a claim is registered in a foreign currency or a debt is not in cash, its value must be stated in the Czech currency. If the claim for which proceedings are pending or the claim enforceable is made, this shall be demonstrated by a document.

(3) If the application lodged cannot be reviewed for incompleteness or other defects, the court shall, on a proposal from the creditor's administrator, invite the creditor to complete or correct the application; At the same time, it shall instruct him how to correct or supplement it. An application which has not been completed or corrected within the prescribed time limit shall not be taken into account; the creditor must be informed of this consequence.

(4) The administrators shall deliver a copy of the application to the court. The administrator shall draw up a list of the claims applied for.

(5) The administrator shall examine the applications in particular according to the insolvency trade books and other documents and invite the insolvency administrator to comment on the draft list of applications. That list shall be submitted to the court.

(6) Participants shall be entitled to consult the list of claims applied for by the administrator and the documents relating to such claims.

(7) The application for a claim shall have the same effect as the application of the law in court for the period of limitation and termination of rights.

Review

§ 21

(1) In order to examine the claims applied for, the Court of First Instance will order review proceedings. The administrator and the insolvency administrator shall be summoned to him by a subpoena delivered to their own hands, with instructions on the necessity of their participation. The review shall be based on a list drawn up by the administrator.

(2) Both insolvency creditors and insolvency creditors may deny the authenticity, the amount and order of all claims applied for.

(3) The outcome of the review shall be entered in the list of applications submitted by the administrator and the list thus modified shall be included in the review report; The court shall issue an extract to creditors at their request.

§ 22

(1) If possible, the court shall examine the applications received after the deadline; otherwise order special review meetings for them. The court shall impose the reimbursement of the costs associated with the lodging of insolvency creditors and the participation of the administrator to the insolvency creditors who submitted late applications. Competitive creditors of applications examined in special review negotiations cannot deny the authenticity and order of the claims reviewed in previous review negotiations. Paragraph 21 (3) shall apply mutatis mutandis.

(2) Applications for claims lodged later than two months after the first review hearing have no effect pursuant to Paragraph 20 (7) and are excluded from satisfaction in bankruptcy; the court shall issue an order against which the appeal is not admissible.

§ 23

(1) The claim is deemed to have been established if it was recognised by the trustee and was not denied by any of the insolvency creditors. Denial of the claim by the insolvency practitioner shall be noted in the list of applications but not relevant for the determination of the claim.

(2) Competitive creditors of claims remaining at issue in terms of authenticity, amount or order may claim the determination of their right. the action must be brought against the opposing insolvency creditors and the trustee; they may rely only on the legal grounds set out in the application or in the examination procedure and may claim the claim only up to the amount specified therein. If the case falls outside the jurisdiction of the court, the competent administrative authority shall decide on the authenticity of the claim.

(3) Any person who denies an enforceable claim shall, depending on the nature of the claim, apply this opinion either to the court or to the competent administrative authority.

(4) The court shall set a reasonable time limit for the denial of the claim, which shall inform the court that such claims may not be taken into account when the time limit referred to in Article 24 (1) has been missed and that such claims shall be deemed to be uncontested in the future when the time limit referred to in Article 24 (2) is missed.

(5) Competitive creditors of the claims at issue in terms of authenticity, amount or order, who were not present at the review hearing, shall inform the court of who denied the claim and for what reason.

§ 24

(1) The trustee is entitled to deny the claim filed by the insolvency creditor, the amount of the claim or its legal grounds. The court shall inform the insolvency creditor in respect of this and at the same time invite him to apply the claim, its amount or the legal justification to the court which declared the bankruptcy or to another competent authority within 30 days, with the result that otherwise the contested claim, the amount of the claim or the legal plea raised shall not be taken into account.

(2) If the administrator has already denied the claim enforceable, the court shall invite him to apply his denial within 30 days in the court which declared the bankruptcy or, where appropriate, another competent authority, to the effect that the claim will be deemed to have been established.

§ 25

(1) The decision of the court or competent administrative authority on the authenticity, amount or order of the contested claims is effective against all creditors.

(2) The costs of the dispute on the authenticity, amount or order of the contested claims are considered to be costs of substance, if the administrator has participated in such a dispute. In the absence of a party to the dispute, the respondent creditors are entitled to reimbursement of costs by nature only as long as they have received any benefit from the dispute management.

§ 26

Non-joint ownership of spouses

(1) If a declaration of bankruptcy has resulted in the loss of joint ownership of the spouses, or if the bankruptcy of the spouse has not already been settled, it must be settled.

(2) The Trustee is entitled to settle the non-joint ownership of the spouses as a result of the bankruptcy declaration instead of the bankruptcy, including the submission by the court of an application for settlement of that joint ownership of the spouses. An agreement on the settlement of the joint ownership of spouses shall be authorised by the AIFM only in the form of a settlement approved by the court. The creditor committee must give its consent to this agreement before submitting it to the court.

(3) If the loss of joint ownership of spouses occurred before the declaration of bankruptcy,

Citation	Full text of Act No. 238 / 1996 Coll., Act on bankruptcy and settlement (full text as resulting from subsequent amendments and additions)
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	04.09.1996
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 238 / 1996 Coll.

Act on bankruptcy and settlement (full text as seen from later amendments and additions)

Contents