Debt recovery · Slovakia
Lodging a claim in bankruptcy in Slovakia
A declaration of bankruptcy changes recovery. The claim must be lodged within a short period and meet strict requirements: in Slovakia, within 45 days, electronically and with authorisation. Missing the deadline means losing influence over the proceedings and generally a substantial part of the proceeds; a secured creditor loses the security entirely. We prepare the claim without errors, protect the security and assert your creditor rights throughout the proceedings.
- Lawyer registered with both Czech and Slovak Bars
- We monitor registers for you
- Fees agreed in advance
What we'll do for you
A claim filing has strict formal requirements. Defective particulars or a missed deadline are difficult to remedy in bankruptcy. That is why we prepare it, giving you certainty that you retain your creditor rights.
Select an item to see the details.
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Monitoring debtors in registers
We monitor your debtors in the Slovak insolvency register and the Czech insolvency register and alert you ourselves when bankruptcy is declared, rather than waiting for someone to notice. This is where the filing deadline is most often missed.
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Assessment of the claim and deadlines
We verify the state of proceedings, calculate deadlines and assess what to lodge, including ancillary claims, contingent claims and security.
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Lodging the claim
We prepare and lodge the claim with all required particulars, electronically and with authorisation as required by law, in the trustee's electronic mailbox.
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Security rights
We assert a pledge or other security right properly and on time in the claim. If the deadline were missed, it would be disregarded, a loss that can no longer be remedied.
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Participation in proceedings
We represent you at creditors' meetings, in voting and in communication with the trustee, and monitor distributions and payments.
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Disputed claim
If the trustee or another creditor disputes the claim, we assess the reasons and conduct the incidental dispute to establish it.
Deliverablea claim duly lodged on time and representation of the creditor throughout the subsequent proceedings
How it works
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- Immediate checkday 0
We verify the state of proceedings and deadlines and explain what must be done and by when.
- Preparing the claim
We assemble the documents and prepare the claim, including security and ancillary claims.
- Filing and confirmation
We lodge the claim in the prescribed form and ensure it is duly registered.
- Course of proceedings
We monitor proceedings, represent you in voting and defend the claim if disputed, through to payment under the distribution.
No-obligation enquiry
Ready to start?
Send us an enquiry. We reply within 24 hours with a price confirmation and next steps. The first 30-minute consultation is free and commits you to nothing.
- 1Send your enquiry via this form
- 2Within 24 h you get a price confirmation and plan
- 3We start work only after your approval
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What clients ask
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By when must I lodge the claim?
The basic filing period is 45 days from the declaration of bankruptcy. The claim is filed electronically using the designated form into the trustee's electronic mailbox and must be authorised, otherwise it is disregarded (§ 28(2) of Act No 7/2005 Z. z.). We calculate the exact deadline for your proceedings, including when it actually starts running.
What happens if I miss the deadline?
In Slovakia, the consequence is not as fatal as in Czechia, but it is severe. A late claim is taken into account, but the creditor cannot exercise voting or other rights attached to it and may be paid only from proceeds included in a distribution whose intended preparation was announced after the claim arrived (§ 28(3) of Act No 7/2005 Z. z.). In practice, this means losing influence over proceedings and generally a substantial part of the proceeds. One exception is unforgiving: a security right must be asserted in the claim within the basic period, otherwise it is disregarded (§ 28(4)). For a secured creditor, the deadline is therefore as strict as in Czechia.
How does the Czech system differ?
In the consequence of missing the deadline, which is the most important difference between the countries. In Czechia, the insolvency court disregards late claims entirely and claims lodged that way receive no payment in the proceedings. If your debtor is Czech, see lodging a claim in insolvency proceedings in Czechia, where the procedure and deadline are structured differently.
Does lodging the claim stop limitation from running?
Yes. A duly lodged claim has the same effects on limitation and extinction of the right as asserting it in court (§ 28(6) of Act No 7/2005 Z. z.). This is another reason to lodge even a claim whose potential proceeds you cannot estimate.
Is it worth lodging a claim if the debtor has nothing anyway?
Often, yes. Lodging the claim stops limitation from running, allows a share in any proceeds and is a condition for further steps, such as a tax write-off to discuss with your accountant. The cost of filing is small relative to these effects. We will nevertheless tell you honestly when something is not worthwhile.
The trustee disputed my claim. Is that the end?
No. Disputing means litigation, not extinction of the claim. We assess the reasons and file an action to establish the claim within the statutory deadline, or agree its subsequent recognition with the trustee. Meeting the deadline is again decisive.
How will I find out that the debtor has entered bankruptcy?
The declaration of bankruptcy and material notices must be monitored in the insolvency register. Known foreign creditors may also have to be notified individually; we assess the significance of that notification for the deadline in the specific proceedings. That is why we can monitor your debtors for you: if one enters bankruptcy on the Slovak side or insolvency on the Czech side, we contact you ourselves and prepare the claim in time. With a larger number of customers, this is the most affordable safeguard you have for receivables.
What does lodging a claim cost?
The price depends on the number of claims and the complexity of the supporting evidence. We confirm it in advance and honour the agreement. Prices are final; the firm is not VAT-registered.
Legal Q&A
Common questions on this topic
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How and by when should a claim be registered in bankruptcy?
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.
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The debtor company failed with no assets. Can we sue its managing director directly?
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.
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The trustee disputed our registered claim. What should we do, and by when?
The only defence is an action to establish the disputed claim, known as an incidental action. It must be filed within 30 days of publication of the dispute in the list of claims and directed against everyone who disputed the claim. Missing the deadline extinguishes the right and permanently excludes the disputed part from satisfaction, although it continues to exist under substantive law.
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Further reading
Debt recovery audit: eight questions showing how much money your business leaves uncollected
Invoices becoming time-barred this year, unclaimed interest and fixed compensation, reminders without legal effect and insolvencies discovered too late. Eight questions reveal where recovery loses money, with links to detailed guidance.
Read more →
When a director pays the company’s debts: three routes for creditors
A claim against an empty s.r.o. may still be recoverable. Slovak law allows creditors to claim damages directly for a late bankruptcy petition and to pursue the company’s claim against its managing director. Czech law provides statutory liability for company debts and late insolvency petitions.
Read more →
Damages under the new rules: what can and cannot be agreed
The new Civil Code addresses long-disputed questions about damages: advance waivers, disguised late-payment interest and non-pecuniary claims for breach of contract. Liability limitation clauses will have clear rules.
Read more →