| Obchodné meno/Názov/Meno a priezvisko dlžníka/úpadcu: | Kaputa Maroš |
| Sídlo/Bydlisko dlžníka/úpadcu: | Boženy Němcovej 30/22 30/22, 04001 Košice |
| IČO/Dátum narodenia dlžníka/úpadcu: | 04.07.1978 |
| Obchodné meno správcu: | |
| Titul, meno a priezvisko správcu: | JUDr. Anita Krčová LL.M., MBA |
| Sídlo správcu: | Thurzova 6, 04001 Košice |
| Kotakt na správcu : | 0908520707, anitakrcova@gmail.com |
| Spisová značka správcovského spisu : | 30OdK/67/2018 S1281 |
| Spisová značka súdneho spisu : | 30OdK/67/2018 |
| Druh podania : | Výzva zahraničným veriteľom na prihlásenie pohľadávok |
According to the Direction Article 54 of the European Council No. 2015/8480 dated 20th May 2015, as the bankruptcy trustee of the Maroš Kaputa, born 04.07.1978, bytom: Boženy Němcovej 30/22, 040 01 Košice hereinafter only ,,the Bankrupt“, our duty is to inform that with the resolution of the District Court Košice I, No. 30Odk/67/2018 dated of 28 March 2018 bankruptcy was declared on the Bankrupts estate. This resolution of the District Court Košice I was Publisher Journal 66/2018 on 05. April 2018. According to the Act No. 7/2005 Coll. Bankruptcy and Restructuralization Act as amended (hereinafter only „the BRA“ ) applies: 1. The bankruptcy begins by declaring the bankruptcy. The bankruptcy is considered as declared by publishing the resolution on declaring the bankruptcy in the Commercial report, whereby as the day of publishing (delivery) of the judicial decision the day following the day after the publishing of the judicial decision in the Commercial report shall be considered. The debtor becomes the bankrupt after declaring the bankruptcy (§ 23 sec. 1 BRA in connection with the provision § 199 sec. 9 BRA). 2. The claim shall be alleged by an application form (§ 28 sec. 1 BRA). During the bankruptcy, claims listed in § 166a) Letters 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. 3. 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. 4. 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 catalo 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 ) . 5. In the bankruptcy also the creditor alleges his claim by the application, who has the claim towards other person as the bankrupt, if it is assured by the security right referring to the property of the bankrupt. Such creditor can be satisfied in the bankruptcy only from the gains acquired by encashing the property, which ensures his claim. 6. The application form shall be submitted in one counterpart to the trustee - JUDr. Anita Krčová, with the seat Thurzova 6, Košice 040 01, Slovak Republic, whereby it must be delivered to the trustee in the basic registration period within 45 days from declaring the bankruptcy or electronically to his online mailbox using appropriate application form. The electronic filling and its supplements have to be signed by the qualified electronic signature of person witch is authorized for submission of electronic filling. In one counterpart delivers the creditor the application to the court - Okresný súd Bratislava I., Záhradnícka 10, 812 44 Bratislava Slovak Republic (§ 28 sec. 2 BRA). The beginning of the period for registration of the claims to the bankruptcy shall be considered the day following the publishing of the resolution on declaring the bankruptcy in the Commercial report (§ 199 sec. 9 second sentence BRA). 7. If the creditor delivers the application later to the trustee , the application shall be taken into consideration, but the creditor cannot exercise the right to vote . The right to proportional satisfaction of the creditor shall not be touched; he can be satisfied only from the gains put into the schedule from the general property , whose aim to put together was published in the Commercial report after the delivery of the application to the trustee. The registration of such claim into the list of the claims publishes the trustee in the Commercial report with stating the creditor and the registered sum (§ 28 sec. 3 BRA). 8. The delivery of the application to the trustee has for the course of the period of limitation and the termination of right the same legal effects as enforcement of right by the court (§ 28 sec. 6 BRA). 9. The application must be submitted on a pre-printed form / the registration form can be found on the web site https://www.justice.gov.sk/Formulare/Stranky/Konkurz-a restrukturalizacia.aspxwww.justice. gov.sk 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 the claim from the general property, e) total sum of the claim, f) signature (§ 29 sec. 1 BRA). 10. For each assured claim one application must be submitted with stating the assured sum, type, order, subject and legal reason of establishment of the security right (§ 29 sec. 2 BRA). 11. The total sum of the claim shall be divided in the application in the principal and fixtures, whereby the fixtures shall be divided in the application according to the legal reason of the establishment (§ 29 sec. 4 BRA). 12. The claim shall be alleged in Euros. If the claim is not alleged in Euros, the sum of the claim shall be stated by the trustee by the conversion according to the exchange rate determined and published on the day of bankruptcy declaration by the European Central Bank or National Bank of Slovakia. If the claim is alleged in currency , whose reference exchange rate is not stated or published by the European Central Bank or by the National Bank of Slovakia, the sum of the claim shall be determined by the trustee with professional care (§ 29 sec. 5 BRA). 13. To the claim shall be attached the documents, which prove the stated facts. 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). 14. 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 report (§ 29 sec. 8 BRA). 15. 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). 16. 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. 2015/8480 dated 20th May 2015. 17. The trustee simultaneously would like to point out to the creditors the Articles of the Council regulation /EC/ No. 2015/8480 dated 20th May 2015. JUDr. Anita Krčová, správca |
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