Legal Q&A · Debt Recovery

How and by when should a claim be registered in bankruptcy?

Law as at 10 September 2026

Short answer

A creditor pursues a claim against a bankrupt debtor by registering it. Registration must be submitted within the basic 45-day period after the bankruptcy declaration, electronically using the designated form to the trustee's electronic mailbox; it must be authorised or it will be disregarded. Late registration restricts the creditor's rights; a security right, however, must be properly asserted within 45 days or it will be disregarded. Registration has the same effect on limitation as pursuing the right in court.

What is the registration deadline?

Once the debtor enters bankruptcy, the creditor no longer recovers the claim individually but registers it in the bankruptcy (Section 28(1) of Act No. 7/2005 Coll. on Bankruptcy and Restructuring). Registration must be submitted within the basic 45-day registration period after the bankruptcy declaration, electronically through the designated form to the trustee’s electronic mailbox; it must be authorised or it will be disregarded (Section 28(2)). The same 45-day period applies to asserting a security right (Section 28(4)).

What if the creditor misses the deadline?

A late registration is considered subject to the conditions in Section 28(3), but the creditor loses voting and other rights attached to the claim and receives distributions only from proceeds included in a distribution schedule whose preparation was announced after the registration was delivered. The consequence is stricter for security: the security right must be properly asserted within the basic 45-day period or it will be disregarded in the bankruptcy (Section 28(4)). The consequence is therefore not limited to losing voting rights. Registration has the same effect on limitation and extinction of rights as pursuing the right in court (Section 28(6)). For a foreign creditor, the applicable EU-law rules must be assessed separately; the domestic electronic procedure cannot automatically be applied without that assessment.

What must the registration contain?

The registration must contain the statutory particulars and correctly state the claim’s legal basis, ranking and amount, broken down into principal and accessories, with supporting documents attached. Formal errors may cause all or part of the registration to be disregarded. We prepare and submit registrations and continue to assert creditor rights in the proceedings through our registering a claim in bankruptcy service.

How this relates to recovery

Registering in bankruptcy is one recovery route, sometimes the last realistic one where the debtor has no other assets. If you are unsure which route best suits your claim, our debt recovery overview can help, as can representation in commercial and court disputes where the basis of the claim is contested.

This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. When am I entitled to damages, and what is unjust enrichment? Under the general civil-law regime in Section 420 of the Civil Code, the wrongdoer's fault is presumed and compensation covers actual loss and lost profit. Breach of a commercial obligation, however, is subject to the separate liability regime in Section 373 et seq. of the Commercial Code. Unjust enrichment is a benefit obtained without legal grounds and must be returned. Limitation depends on the regime and circumstances: civil-law rules provide a two-year subjective period and specific objective limits, while commercial claims generally have a four-year period.
  2. When and where may we contact a debtor who is a consumer? Anyone recovering a contractual claim in their own name or for a creditor must not visit a consumer or their close persons at home or work without prior express consent. Contact or harassment of any kind is prohibited on Saturdays, days of rest and, on other days, between 18:00 and 08:00 the next day. These prohibitions do not apply to the professional activities of enforcement officers, lawyers and notaries.
  3. What must a payment demand contain to avoid being an unfair practice? The demand should identify the contract, state that the consumer is in default and itemise principal and each additional amount: interest, default interest, late-payment charges, recovery costs and any other claims. It should also include its issue date, payment instructions and contact details for checking the current balance. A demand lacking these details may be assessed as an unfair commercial practice.
  4. Why should a debt acknowledgement be in a separate document? Because a court treated a form combining debt acknowledgement with other transactions, whose hidden purpose was to extend limitation, as an unfair commercial practice and the acknowledgement itself as absolutely invalid for conflict with good morals. An acknowledgement of a time-barred debt also has effect only if the debtor knew it was time-barred. The consumer must therefore receive clear information about limitation and its consequences, preferably in the same document.

Cannot find your question? Ask your own question

Facing this situation?

Tell us what you need help with.

Describe your situation. We will review it and tell you within 24 hours whether and how we can help, including an indicative fee.

  1. 1Send your enquiry via this form
  2. 2Within 24 h you get a price confirmation and plan
  3. 3We start work only after your approval
Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

Not keen on calls or email? Message us on WhatsApp →
Prefer to book a time right away? Book a consultation →
Or email us about this matter.

PDF, Word, images, ZIP… max 10 MB per file, 30 MB total.

Submitting this form does not create an engagement or attorney-client relationship. Before taking on a matter we run a conflict-of-interest check, so please do not send sensitive originals until we confirm the matter together.

Contact a lawyer