Origon Recovery Solutions, k.s., Registered in the Administrator's Register of the Ministry of Justice of the Slovak Republic under No. S2082 Office Address: Murgašova 3, 040 01 Košice, Slovakia
Restructuring Administrator for the Debtor: AL Agroservice, s. r. o., Vydrany 1093, 93016 Vydrany, Company ID: 50 584 944
To: PreTurn GmbH, Olgastrasse 80, Heilbronn 740 72, Germany
Subject: Notice of Dispute of Claims in Restructuring
District Court Nitra, by its resolution dated 22 April 2025, ref. no. 31R/2/2025, published in the Commercial Gazette No. 80/2025 on 28 April 2025 (hereinafter also the “Resolution”), approved the restructuring of your company AL Agroservice, s.r.o., registered office 1093, 930 16 Vydrany, Company ID: 50 584 944 (hereinafter also the “Debtor”) and appointed our firm Origon Recovery Solutions, k.s. (hereinafter also the “Trustee”) as the restructuring trustee.
By this letter we hereby notify you of the dispute of your claim recorded in the list of claims under item numbers 65.
Reason and Scope of the Dispute of Claim No. 65
In its statement concerning the submitted claims, the Debtor indicated that the principal amount claimed exceeds the amount recorded in the Debtor’s accounting records. As evidence, the Debtor submitted its Book of Received Invoices, from which it appears that the Debtor records the following liabilities to the creditor:
- Liability of € 1 221 from invoice no. 658240944 (recorded by the creditor as DE0658LTR240944),
- Liability of € 198 from invoice no. 22400131.
From the claim submission and the Debtor’s accounting it further appears that the claim asserted by the creditor but not accounted for by the Debtor is a claim of € 880 under invoice no. DE0658LTR240055.
The Trustee is aware that, pursuant to § 124(1) of the Insolvency and Restructuring Act (ZKR), the mere fact that a claim’s disputability arises from the Debtor’s accounting records, the Debtor’s statement, or the statement of persons whose interests may be affected by the Debtor’s interests cannot alone constitute grounds for disputing a claim. In this instance, the disputability of the claim also stems from the creditor’s failure to demonstrate that the alleged performance was duly and timely delivered by the Debtor, that the Debtor accepted such performance, or that the invoice was actually delivered to the Debtor.
For these reasons, the Trustee disputes the claim both as to its legal basis and in the amount of € 880.
Instruction:
Pursuant to Section 124 (4) of the ZKR: "A creditor of an objected claim may, within 30 days from the expiry of the deadline for objecting to claims, seek a court determination of the legal basis, enforceability, amount, security by a security right, or the ranking of the security right of the objected claim, by filing an action against the debtor; in the action, the creditor may seek no more than what was stated in the claim application."
Pursuant to Section 124 (5) of the ZKR: "If the creditor of an objected claim fails to file an action for the determination of the objected claim within the statutory period, or withdraws the motion for the determination of the objected claim, the creditor's reported claim shall not be taken into account in the restructuring to the objected extent, and in the event of the court's confirmation of the restructuring plan, the claim cannot be enforced against the debtor to the objected extent."
Origon Recovery Solutions, k.s.
Stanislav Praskai, General Partner