Yes, the law gives the creditor a direct claim. Anyone required to file a bankruptcy petition for the company who failed to do so in time is liable for the resulting loss to creditors. The law assists the creditor with a rebuttable presumption: unless otherwise proved, the loss equals the unpaid portion of the claim. The claim is subject to limitation, so do not delay.
Enforcement ended for lack of assets, the court did not declare bankruptcy or terminated it for insufficient assets, or the company was removed from the register without liquidation. At that point, the claim against the company is practically worthless. Act No. 7/2005 Coll. on Bankruptcy and Restructuring provides a route precisely for such situations against the person who should have filed for bankruptcy but did not.
Who had to file, and by when?
A debtor that is a legal entity must file a bankruptcy petition within 30 days of learning of its insolvency or when it could have learned of it through professional diligence. The statutory body or its member, the liquidator and the legal representative have the same duty on the debtor’s behalf (Section 11(2)). The duty does not cease when the deadline expires; it continues throughout insolvency, so a managing director cannot defend themselves merely by saying the deadline passed long ago.
A direct creditor claim, without the trustee
A person required to file a bankruptcy petition on the debtor’s behalf under Section 11(2) is liable for loss caused to the debtor’s creditors by breaching the duty to file the petition in time.
— Section 11a(1) of Act No. 7/2005 Coll. (unofficial English translation)
The claim belongs directly to the creditor and is pursued by a court action independently of bankruptcy and without the trustee’s participation. Section 11a(2) also presumes that the petition was not filed in time in the situations described above: bankruptcy was not declared for lack of assets, was terminated for that reason, or enforcement against the debtor ended for that reason.
How much can be claimed?
Unless a different amount of loss is proved, the creditor is presumed to have suffered loss to the extent that their claim remained unsatisfied after discontinuance of bankruptcy proceedings for insufficient debtor assets, termination of bankruptcy declared over the debtor’s assets for insufficient assets, or termination of enforcement or similar execution proceedings against the debtor for insufficient assets.
— Section 11a(3) of Act No. 7/2005 Coll. (unofficial English translation)
The presumption is rebuttable. The managing director may prove that the loss is lower, for example because even a timely petition would have yielded nothing for creditors, but bears the burden of proof on that point. They escape liability only by proving the circumstances under Section 74a(5), broadly speaking that they acted with professional diligence.
Limitation: sooner is better
Under Section 11a(4), creditor claims become time-barred no earlier than one year after discontinuance of bankruptcy proceedings, termination of bankruptcy or termination of enforcement for insufficient assets. This is the earliest possible expiry, not the length of the limitation period; legal scholarship differs on whether the general civil or commercial limitation regime applies alongside it. In practice, we therefore recommend working with the strictest interpretation and pursuing the claim as soon as it is clear that the company will not provide payment.
What must be proved?
In addition to the claim itself, the company’s insolvency at the relevant time, breach of the filing duty and causation must be proved; the presumption covers the amount of loss. Supporting evidence is usually found in financial statements in the register and enforcement or bankruptcy decisions. We summarise the wider context in is a managing director liable for an s.r.o.’s debts?. If assets were transferred out of the company before its failure, see also avoidance actions.
How we can help
We assess whether you have a viable claim against the managing director and what evidence can be obtained as part of debt recovery. We prepare the action and conduct the dispute through court representation. If bankruptcy proceedings over the debtor’s assets are still underway, we first assert the claim properly through registering a claim in bankruptcy.
If you already have an order discontinuing enforcement or terminating bankruptcy for lack of assets, bring it to the initial consultation: time is calculated from its date.
This answer provides general information on the law as at 29 August 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.
