Notification to foreign creditors

According to the Regulation of the EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, No.2015/848 dated 20th of May 2015, (hereinafter only “Regulation”) and Act. No. 7/2005 Coll. Bankruptcy and Restructuring act (hereinafter only „BRA”) as the bankruptcy trustee of the debtor, I am obliged to inform you that based on the resolution of the District
court Banská Bystrica  from 30th of June  2017, file No. 2OdK/105/2017 published in Commercial Journal on 07th of July 2017, the bankruptcy was declared on the estate of debtor VIERA ŽILINSKÁ, date of birth.: 22.06.1988, res.: Do Doliny – Jalná 31/20, 966 11 Trnavá Hora, Slovak republic   (hereinafter only “debtor”). This resolution of the District court Banská Bystrica became valid on 8th of July 2017. The bankruptcy was declared as of this date. According to the Regulation and BRA the creditors of the debtor have to lodge their claims in a time period of 45 days beginning with the declaration of the bankruptcy in one original to the bankruptcy trustee to the address I.K.S. konkurzy a reštrukturalizácie, k.s., správca, P. Rádayho 8, 984 01 Lučenec, Slovak Republic to the file No. 2OdK/10/2017. According to the article 55 of the Regulation  any foreign creditor may lodge its claim using the standard claims form to be established in accordance with Article 88. The form shall bear the heading Lodgement of claims’ in all the official languages of the institutions of the Union. If the foreign creditor lodge its claims another way, application must contain dates below:

1. the name, postal address, e-mail address, if any, personal identification number, if any, and bank details of the foreign creditor;
2. the amount of the claim, specifying the principal and, where applicable, interest and the date on which it arose and the date on which it became due, if different;
3. if interest is claimed, the interest rate, whether the interest is of a legal or contractual nature, the period of time for which the interest is claimed and the capitalised amount of interest;
4. if costs incurred in asserting the claim prior to the opening of proceedings are claimed, the amount and the details of those costs;
5. the nature of the claim;
6. whether any preferential creditor status is claimed and the basis of such a claim;
7. whether security in rem or a reservation of title is alleged in respect of the claim and if so, what assets are covered by the security interest being invoked, the date on which the security was granted and, where the security has been registered, the registration number; and
8. whether any set-off is claimed and, if so, the amounts of the mutual claims existing on the date when insolvency proceedings were opened, the date on which they arose and the amount net of set-off claimed.

The standard claims form shall be accompanied by copies of any supporting documents. The claim has to be lodged in the EURO currency. If the claim is not logged in the euro, amount of the claim shall determine bankruptcy trustee by calculation according to the reference exchange rate set and published on the day of bankruptcy declaration by the European Central Bank or National Bank of Slovakia. If the claim is lodged in currency which reference exchange rate European Central Bank or National Bank of Slovakia does not state or announce, the sum of claim shall determine bankruptcy trustee with professional diligence.

Claims may be lodged in any official language of the institutions of the Union. The court, the insolvency practitioner or the debtor in possession may require the creditor to provide a translation in the official language of the State of the opening of proceedings or, if there are several official languages in that Member State, in the official language or one of the official languages of the place where insolvency proceedings have been opened, or in another language which that Member State has indicated it can accept. Each Member State shall indicate whether it accepts any official language of the institutions of the Union other than its own for the purpose of the lodging of claims.

The claims have to be lodge in the period of 45 days from the day of bankruptcy declaration.

Where the court, the insolvency practitioner or the debtor in possession has doubts in relation to a claim lodged in accordance with this Article, it shall give the creditor the opportunity to provide additional evidence on the existence and the amount of the claim.

Application that will not be delivered on time will be considered as claims in bankruptcy, but the creditors may not exercise the voting rights. Trustee is obliged to published writing receivable into the list of receivable into the Commercial Journal with a mandatory information such as name of creditor and the amount claimed. Delivery of application of receivable to the trustee office has the same effects to the limitation and to the extinction of law as the exercise of the right to the court.

The creditor has the right to enter into a bankruptcy until the trustee has announced in the Commercial Journal that he draws a schedule of payment.

If the creditor has not residence or seat or organizational unit of the enterprise in the area of Slovak republic, he is obliged to choose a delivery representative with residence or seat in the area of Slovak republic. This creditor is obliged the appointed representative notice to the trustee otherwise each document will be delivered by trustee by publishing it in the commercial journal only. The creditor can not to change the application of the claim.

Person with pre-emption right and right to request the exclusion of the asset from the inventory of bankruptcy assets has the same rights as a secured creditor. When this creditor claims his receivable in the bankruptcy entrust trustee to make an inventory of this bankruptcy assets. Trustee can this assets encashment. The same placement has creditor who leased thing to debtor for the leased rent for leased time, with the purpose of transferring the leased property to the debtor's ownership.

Secured creditor

Creditors with claims secured with securities also fill in the registration form which has to provide information about the secured amount, kind and order security right, object to which the security is tied and legal cause of this security right. Each secured claim must be lodged separately. Mortgage creditor is authorized to enter the bankruptcy only if the receivable from housing loan is due or in the case of if the first secured creditor delivered application of the receivable to the trustee office.

Receivable against another person from the debtor

Creditors who have a claim against another person as debtor is authorized to enter to the bankruptcy only in case of they have secure receivable towards the property of the debtor. This creditor may be satisfied in bankruptcy only in the case if the trustee sells the secured property related to the secured receivable of this creditor. This creditor may exercise voting rights only to the extent relating to the premise towards satisfaction receivable of this creditor from secured property.

This disclosure relates to foreign creditors, whose office and residence is unknown from the documents of the debtor.

I.K.S. konkurzy a reštrukturalizácie, k.s., trustee

JUDr. Mária Kandalová