(es) «Convocatoria para la presentación de créditos. Plazos aplicables» (cs) "Výzva k přihlášení pohledávky. Závazné lhůty" (da) »Opfordring til anmeldelse af fordringer. Vær opmærksom på fristerne« (de) „Aufforderung zur Anmeldung einer Forderung. Etwaige Fristen beachten!“ (et) "Nõude esitamise kutse. Järgitavad tähtajad" (el) «Προ΄σκληση για αναγγελι΄α απαιτη΄σεως. Προσοχη΄ στις προθεσµι΄ες» (en) ‘Invitation to lodge a claim. Time limits to be observed’ (fr) «Invitation à produire une créance. Délais à respecter» (it) «Invito all’insinuazione di un credito. Termine da osservare» (lv) "Uzaicinājums iesniegt prasījumu. Termiņi, kas jāievēro" (lt) "Kvietimas pateikti reikalavimą. Privalomieji terminai" (hu) "Felhívás követelés bejelentésére. Betartandó határidők" (mt) "Stedina għal preżentazzjoni ta' talba. Limiti taż-żmien li għandhom jiġu osservati" (nl) „Oproep tot indiening van schuldvorderingen. In acht te nemen termijnen” (pl) "Wezwanie do zgłoszenia wierzytelności. Przestrzegać terminów". (pt) «Aviso de reclamação de créditos. Prazos legais a observar» (sk) "Výzva na prihlásenie pohľadávky. Je potrebné dodržať stanovené termíny" (sl) "Poziv k prijavi terjatve. Roki, ki jih je treba upoštevati!" (fi) ”Kehotus saatavan ilmoittamiseen. Noudatettavat määräajat” (sv) ”Anmodan att anmäla fordran. Tidsfrister att iaktta”
According to the REGULATION (EU) 2015/848 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL dated May 20th 2015, as the bankruptcy trustee of the abovementioned bankrupt Jozef Balog, born 17.9.1981, residing: Školská 880/20, 979 01 Rimavská Sobota, The Slovak Republic, previously an entrepreneur as Jozef Balog, Peierlhang 15, 808 42 Graz, Austria, ID No.: 19 214 641 (hereinafter only „the Bankrupt“) my duty is to inform you that with the resolution of the District Court in Banska Bystrica, No. 2OdK/295/2024 dated August 13th 2024, bankruptcy was declared on the Bankrupt's estate.
The bankruptcy was declared on August 21st 2024 by publication in Slovak Commercial Bulletin No. 161/2024 of August 20th 2024 under mark K044913.
The creditor (Section 166a and 166c) has the right to lodge a claim until the trustee has informed in the Commercial Bulletin that they are preparing the distribution plan. The provisions of Section 29 1, 2, 4 to 6, 8 to 10, Sections 30 and 31 shall apply mutatis mutandis. 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.
The claim shall be submitted by an application form (§ 28 sec. 1 BRA). During the bankruptcy, claims listed in § 166a letters a), b) and c) BRA are submitted by application form. Registering intact claims during bankruptcy is possible by submitting of application form as well. 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, with reference to the retention of title, could otherwise request the exclusion of an item from the inventory can exercise their rights in a bankruptcy by a claim in the same way as if they were enforcing a security right. By their petition, such creditor authorises an administrator to make an inventory and monetise items with the retention of title. The provisions governing the secured creditor shall be applied accordingly to the status of such a creditor (§ 29 sec. 9 and 10 BRA).
The application is submitted to the trustee electronically through an electronic form in the trustee's electronic box and must be authorized. If it is a foreign creditor according to a special regulation, the application is submitted to the trustee using a form intended for that according to a special regulation /Art. 55 of Regulation (EU) No. 2015/848 as amended/ to the address: JUDr. Dušan Paulík, with residence at Kukučínova 18, 974 01 Banská Bystrica, The Slovak Republic. The application must be delivered to the trustee within the basic registration period - 45 days from the declaration of bankruptcy. Application form that will not be delivered on time will still be considered as claims in the bankruptcy, but these creditors cannot exercise the voting rights and other rights associated with lodged claims. Creditors have to lodge their claim until the trustee has informed in the Commercial Bulletin that they are preparing the distribution plan.
In the bankruptcy also the creditor who has the claim towards other person as the bankrupt, alleges his claim by the application, 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 monetising the property, which ensures his claim, whereby the rights to vote at the meeting of the creditors can exercise only in that extent, in which his claim will be probably satisfied from the property, by which it is assured (§167l sec. 2 BRA).
The basic requirements of the application are: a) name, surname and residence or name and the seat and ID number (if it has one) of the creditor, b) name, surname and residence or name and the seat and ID number (if it has one) of the debtor, 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 (§ 29 sec. 1 BRA). For each assured claim one separate 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). 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).
The claim shall be alleged in EUR. If the claim is not alleged in EUR, 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). To the application form shall be attached the documents, which prove the stated facts (§ 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 of mail and to announce the determination of the representative to the trustee, otherwise the documents will be delivered only by publishing them in the Slovak Commercial Bulletin (§ 29 sec. 8 BRA).
The creditor, who is the accounting unit, determines in the application a statement, if he accounts the claim in the accountancy and in what extent he does so, or possible reasons, why he does not accounts the claim in the accountancy (§ 29 sec. 6 BRA).
The submission, by which the claim was alleged, which shall be alleged in the bankruptcy by an application, cannot be corrected nor amended (§ 30 sec. 2 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 REGULATION (EU) 2015/848 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL dated May 20th 2015.
Banská Bystrica August 21st 2024
JUDr. Dušan Paulík, Trustee |
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