This article deals with the law of the Slovak Republic and its application by Slovak courts and authorities.
When your debtor enters bankruptcy, the only way to pursue your money is to file your claim on time and correctly. The filing is submitted to the bankruptcy trustee and determines whether you will be considered a creditor in the proceedings at all.
The deadline is the most important thing. You usually have a clearly defined period to file your claim, which begins to run from the declaration of bankruptcy. If you miss this deadline, your position significantly worsens and in some cases you may lose the chance of satisfaction entirely. That is why we recommend acting as soon as you learn about the bankruptcy and not relying on someone to notify you.
Common errors arise already when completing the filing itself. Creditors fail to state the exact amount of the claim, forget to distinguish the principal from its accessories, incorrectly determine the legal grounds for the claim, or fail to attach the documents that prove the claim. Such shortcomings may lead the trustee to deny the claim.
Another risk is overlooking the security of the claim. If your claim is secured, for example by a lien, you must properly assert and prove this in the filing. If you omit it, you may lose the more favourable position that would otherwise ensure better satisfaction.
We also recommend keeping proof of submission and monitoring the course of the bankruptcy. If the trustee denies your claim, you again have only a limited time to defend your rights. Passivity at this stage can be just as dangerous as missing the original filing deadline.
If you are unsure whether your filing is complete and correctly submitted, we are happy to help. At Kohút & Partners in Zvolen, we will prepare or review your filing for an agreed fixed price and respond to your inquiry within 24 hours.