Wrong information about the debtor's bankruptcy in the insolvency register vs. an application of a receivable

23.07.2013

Error in obtaining the information from the insolvency registers is always a hot topic. It often happens that the creditor does not register his claim within the period fixed by the court’s decision on bankruptcy as a result of inaccurate information displayed about the bankruptcy of the debtor. According to the Insolvency Act late submitted applications are not accepted by the bankruptcy court. How is it in the case when the creditor registered his receivable late due to the error in searching of the debtor in the insolvency register?

 The Supreme Court of the Czech Republic expressed about the disclosure of information about bankruptcy of a debtor and the nature of retrieval such information in its decision of 27.09.2011, Case No. 29 NSCR 35/2010. In the mentioned case, the creditor filed the applications of the receivables at the insolvency court with a delay, because he received wrong information from insolvency register that the debtor occured in the bankruptcy. His demand was rejected by the District Court. The Supreme Court came to the conclusion that it is not possible to regard the application as delayed if it is a result of the incorrectly displayed, because the discovered defects in the operation of the insolvency register cannot be to the detriment of the creditor if the creditor as a user of the insolvency register – information system of public administration submitted a sufficient evidence that this system did not work in the given time.