Filing an Application of Receivables in the Insolvency Proceedings

Creditors shall file the applications of the receivables until the expiry of the deadline set out by the decision on the insolvency. The applications, which are filed later, shall not be considered by the insolvency court and thus claimed receivables shall not be satisfied in the insolvency proceedings.

Many creditors use specialised insolvency software that collects information from the official insolvency register. Automatic data processing can cause differences between data published in the official insolvency register and in the software. The Supreme Court of the Czech Republic has dealt with a following situation in its decision as of 27^th May 2015, Reference Number 29 NSCR 41/2015:

Decision on the insolvency was published in the insolvency register on 28^th November 2013 and the application had to be filed latest by 30^th December 2013 but the software did not inform the creditor until 6^th February 2014. The creditor followed information published in the software and filed an application on 14^th February 2014, i.e. late. The Supreme Court confirmed that applications shall be filed within the deadline set out by the decision on the insolvency and that the incorrectly published date in the software does not have any legal effects for the commencement of the deadline for filing an application.