Insolvenční Rejstřík ČR

Obchodný vestník
Detail

Stiahnuť podanie
  • Vestník č:
  • 194/2017
  • Kapitola:
  • Konkurzy a reštrukturalizácie
  • Podanie:
  • Oznámenia správcov
  • Deň vydania:
  • 11.10.2017
  • Značka:
  • K031528
Obchodné meno/Názov/Meno a priezvisko dlžníka/úpadcu: Selecká Mária
Sídlo/Bydlisko dlžníka/úpadcu: Fándlyho 33, 04017 Košice
IČO/Dátum narodenia dlžníka/úpadcu: 20.04.1967
Obchodné meno správcu:
Titul, meno a priezvisko správcu: JUDr. Jarmila Zvarová
Sídlo správcu: Nerudova 14, 04001 Košice
Kotakt na správcu : 0903714323, judrzvarova@gmail.com
Spisová značka správcovského spisu : 32OdK/79/2017 S1375
Spisová značka súdneho spisu : 32OdK/79/2017
Druh podania : Výzva zahraničným veriteľom na prihlásenie pohľadávok

Notice of bankruptcy 

According to the Direction of the European Council No. 1346/2000 on insolvency proceedings dated 29th May 2000,as the trustee of bankrupt Mária Selecká, narodená 20.4.1967, bytom  Fándlyho 33, 040 17 Košice,, (onwards only„bankrupt“), our duty is to inform you, that the District Court in Košice I No. 32OdK/79/2017 dated 27th September 2017. This resolution of the District Court Košice I was published in the Commercial bulletin No. 188/2017 from 3th October 2017 proclaimed bankruptcy of the bankrupt and simultaneously appointed JUDr. Jarmila Zvarová, S 1375 registered office Nerudova 14, 040 01 Košice as a trustee of the bankrupt.  

The claim shall be alleged by an application form (§ 28 sec. 1 BRA). During the bankruptcy, claims listed in § 166a) písm. a), b) a c) BRA, claims which already have been applied in court, executable claims and claims which are enforced by execution of injunction or by execution itself are applied by application form. Wiping out intact claims during bankruptcy is possible by applying of application form as well. Secured creditor of housing loan is entitled to register only if the housing loan claim is already fully payable or if secured creditor, whose security law is listed higher in order, had registered. If the secured claim is not registered, the secured creditor is entitled to claim the satisfaction of the secured claim only from the subject of the security right, except that the bankruptcy has been canceled for the debtor's dishonest intention. 

Anyone who could request to wipe assets off the inventory of property or who leased an asset to the debtor in exchange for agreed wage for fixed period with an intention of transferring the hired asset´s ownership to the debtor can apply his rights by application form with pointing on a reserve ownership during the bankruptcy. This creditors are entrusting insolvency administrator to catalog and sell the assets with reserve ownership by application form. Provisions establishing the status of secured creditors are accordingly applied to this creditors ( § 29 ods. 9 a 10 BRA ). 

The application is filed in a single equation with the administrator to the address of his (her office or to the electronic mailbox) and the administrator must be delivered within the basic registration period within 45 days of the bankruptcy declaration (§ 28 sec. 1, 2, 4, 6, 8, 10 BRA).

Registration that not be delivered on time will be considered as claims in bankruptcy, but the creditors can not excercise the voting rights and other rights associated with lodged claims. Creditors have to lodge their claim until the trustee´s notice of creation the allocation is published in the Commercial bulletin. 

The application must be submitted on a pre-printed form and must include basic requirements; otherwise it will not be taken into consideration. The basic requirements of the application are: a) name, surname and residence or name and seat of the creditor, b) name, surname and residence or name and seat of the bankrupt, c) legal reason of the establishment of the claim, d) order of satisfying name and seat of the bankrupt, c) legal reason of the establishment of the claim, d) order of satisfying the claim from the general property, e) total sum of the claim, f) signature (§ 29 sec. 1 BRA). 

Patterns of application forms and specimens of attachments and data written therein together with the explanatory notes to these entries are given in the annexes to Decree of the Ministry of Health of the Slovak Republic no. 665/2005 Coll., Which implements certain provisions of the Bankruptcy and Restructuring Act, as amended by Decree no. 25/2017 Z. z. (The form of the press release is also available on the website of the Ministry of Justice of the SR www.justice.gov.sk, in the practical information section, the submission forms and the forms). You must attach to the claim file the documents proving the fact. 

A secured creditor of a housing loan is entitled to sign up only if the claim for a housing loan is due in full, or if a secured creditor whose security right is earlier in rank is registered, what is the manager without undue delay of the secured creditor of the housing loan In writing (§167l sec. 1 of the BRA). 

A creditor who has a claim against another person as a debtor may also be accused if he is secured by the security of the debtor's assets. Such a creditor may be satisfied in bankruptcy only by the proceeds of the monetization of the property securing his claim, the voting rights of the creditors' meeting may be exercised only to the extent that his claim is likely to be satisfied by the assets secured (§ 167l sec. 2 BRA). 

For each secured claim, a separate application must be filed, indicating the amount secured, the type, the order, the subject and the legal reason for the creation of the security right (§ 29 sec. 2 BRA).

If the secured receivable does not appear in the bankruptcy, the secured creditor is entitled to claim the satisfaction of the secured claim only from the subject of the security right, except that the deferral has been canceled for the debtor's dishonest intention.

In bankruptcy, the claim may also be filed by a person who, with a reference to a reservation of ownership, may otherwise demand the exclusion of a thing from the inventory or the person who leases the thing for agreed fixed-term rents in order to transfer the leased property to the debtor's property. Such creditors shall exercise the right in bankruptcy in the same way as would apply the right of lien. Such a creditor, by means of the application, shall entrust the administrator with the inventory and the monetization of the matter subject to ownership. The position of such creditor shall be governed by appropriate provisions governing the status of the secured creditor (§ 29 sec. 9 and 10 BRA).

The creditor is responsible for the legitimacy of his registration according to the article 30 of the BRA. 

The submission, by which the claim was alleged, which will be alleged in the bankruptcy by an application, cannot be corrected nor amended (§ 30 sec. 2 BRA).

 The claim shall be applied in euro. 

The creditor, who is the accounting unit, determines in the application a statement, if he accounts the claim in the accountancy, in which extent, or possible reasons, why he does not accounts the claim in the accountancy (§ 29 sec.6 BRA).

The creditor, who does not have the residence or seat or affiliation of the company in the Slovak republic, is obliged to determine his representative with residence or seat in the Slovak republic for delivering and to announce the

determination of the representative to the trustee, otherwise the documents will be delivered only by publishing them in the Commercial bulletin (§ 29 sec. 8 BRA). 

This notice refers to the creditors who have their domicile or registered seat in other EU member state than in the Slovak Republic according to the Direction of the European Council No. 1346/2000 dated 29th May 2000.

 

V Košiciach 6.10.2017

JUDr. Jarmila Zvarová, správca