Disclosure of the material parts of the bankruptcy decision and insolvency declaration within the meaning of Section 370 of Act No 182/2006 on bankruptcy and procedures for handling it (the Insolvency Act) (‘extract of the judgment’) — Invitation to lodge a claim — Time limits to be observed — Invitation to oppose a claim — Time limits to be observed
Date: 2018-05-03
Institutions: European Commission
Subjects: Czechia, bankruptcy, claim, financial institution








C_2018155EN.01001101.xml










3.5.2018   


EN


Official Journal of the European Union


C 155/11





Disclosure of the material parts of the bankruptcy decision and insolvency declaration within the meaning of Section 370 of Act No 182/2006 on bankruptcy and procedures for handling it (the Insolvency Act) (‘extract of the judgment’)
Invitation to lodge a claim — Time limits to be observed
Invitation to oppose a claim — Time limits to be observed
(2018/C 155/07)


Identification of the debtor
: ERB bank, a.s., in liquidation, a public limited company incorporated and existing under Czech law, having its registered office at Čechyňská 419/14a, Trnitá, 602 00 Brno, Czech Republic, ID No: 284 28 943, entered in the commercial register kept by Prague Municipal Court, section B, entry 14463.


Identification of the insolvency court
: Brno regional court, having its registered address at Rooseveltova 648/16, 602 00 Brno, Czech Republic.


Identification of the liquidator
: Jiřina Lužová, lawyer, having her registered address at Dušní 866/22, 110 00 Prague 1, Czech Republic, ID No: 44686650, email: ak@akluzova.cz, telephone number +420 222327902.
On 19 March 2018, Brno regional court issued decision No KSBR 33 INS 19795/2017-A-22, which, among other things, in accordance with Czech law (Act No 182/2006 on bankruptcy and procedures for handling it (the Insolvency Act), as amended):






(a)


declared bankrupt the debtor ERB bank, a.s., in liquidation, a public limited company incorporated and existing under Czech law, having its registered office at Čechyňská 419/14a, Trnitá, 602 00 Brno, Czech Republic, ID No: 284 28 943, entered in the commercial register kept by Prague Municipal Court, section B, entry 14463 (the Debtor); and










(b)


declared insolvency in respect of the assets of the Debtor (the decision).




The decision also appointed Jiřina Lužová, lawyer, having her registered address at Dušní 866/22, 110 00 Prague 1, Czech Republic, ID No: 44686650, as liquidator for the Debtor.
Claims by creditors as shown in the Debtor’s accounts shall be considered lodged. Creditors will be notified individually of this fact within 60 days of the insolvency declaration. The deadline for this shall be 18 May 2018.
A creditor who disagrees with the amount or nature of their claim as set out in the notification pursuant to the preceding paragraph may lodge an objection in writing with the liquidator within four months of the date of the insolvency declaration; failure to do so shall imply the creditor’s agreement with the contents of the notification. The deadline for this shall be 19 July 2018. A creditor with his or her registered address, office, domicile or usual place of residence in a Member State of the European Union or of the European Economic Area may lodge an objection in the official language of that State. The objection must be headed Podání námitky proti výši pohledávky (‘Objection to the amount of a claim’] in the Czech language. If the content of the objection is clear to the liquidator, she shall take it into account, even if it does not bear the header. The liquidator shall not be obliged to take a subsequent objection into account, unless it is clear that it was delivered in good time to the authority responsible for serving it. The liquidator may require a creditor to submit a translation of the objection into Czech.
Within three months of the publication of this extract of the judgment in the Official Journal of the European Union, a creditor may lodge an objection to the effect that he or she has not received a notification from the liquidator pursuant to Section 373(2) of the Insolvency Act. The objection shall state the amount of the claim against the Debtor at the date of the insolvency declaration in respect of the Debtor’s assets. The objection shall be accompanied by officially certified copies of any documentation confirming the alleged amount, the date of onset and the nature of the claim, and in particular whether the claim is one against the insolvency estate (Section 168 Insolvency Act), is equivalent to one against the insolvency estate (Section 169 Insolvency Act), is a claim with entitlement to satisfaction from collateral security, is a claim otherwise secured, or is a subsidiary claim (Section 172(2) Insolvency Act), and shall state any reservation of title. A creditor with his or her registered address, office, domicile or usual place of residence in a Member State of the European Union or of the European Economic Area may lodge an objection in the official language of that State. The objection must be headed Přihláška pohledávky (‘Lodgement of claim’) in Czech. If the content of the objection is clear to the liquidator, she shall take it into account, even if it does not bear the header. The liquidator shall not be obliged to take a subsequent objection into account, unless it is clear that it was delivered in good time to the authority responsible for serving it. The liquidator may require a creditor to submit a translation of the objection into Czech.

Jiřina Lužová, lawyer, liquidator for ERB bank, a.s., in liquidation