Lodging a claim in insolvency proceedings in Czechia

The court specifies the deadline in its insolvency decision, and the law sets it at 2 months (§ 136(2)(d) of the Insolvency Act). You do not need to wait for the insolvency decision: claims may be lodged from the commencement of insolvency proceedings (§ 173(1)). For a known foreign creditor from the relevant EU Member State, we also verify the mandatory individual notification and its effects on the deadline. If you learn of the case early, we lodge your claim immediately.

In Czechia, the result is fatal, and this is the greatest difference from Slovakia. The law states directly (unofficial translation): 'The insolvency court disregards claims lodged later, and claims asserted in this way are not satisfied in insolvency proceedings' (§ 173(1) of the Insolvency Act). This is not merely a weaker position as in Slovakia: the claim ceases to exist within the proceedings. The deadline cannot be waived or excused, so we monitor it for you.

Yes, and Slovak creditors generally do not know about this trap. If examination establishes that the actual claim is less than 50% of the amount lodged, the claim is disregarded even to the extent it was established, and, on the trustee's application, the insolvency court may order the creditor to pay into the estate an amount up to the difference (§ 178(1) of the Insolvency Act). Inflated contractual penalties and interest can therefore cost the creditor even the undisputed principal. That is why we review the amount with you document by document, even if this sounds unnecessarily cautious.

No; it must appear directly in the claim. For a secured claim, the creditor must state whether they assert the right to satisfaction from security and identify its type and when it arose. If they fail to do so, it is presumed that the right was not asserted in the proceedings (§ 174(3) of the Insolvency Act). The law therefore assumes you did not want the security and will not ask why.

Yes. Claims already asserted in court and enforceable claims, including those pursued through judicial execution or enforcement, must also be lodged (§ 173(2) of the Insolvency Act). Neither a judgment nor ongoing enforcement removes the duty to lodge the claim, and relying on them is one of the most expensive mistakes in this area. For an enforceable claim, the filing must also state the basis of enforceability.

Yes. A claim not yet due or subject to a condition may also be lodged (§ 173(3) of the Insolvency Act). It is also worth lodging where you cannot estimate the proceeds: lodging has the same effect on limitation as a claim in court, from the day it reaches the insolvency court (§ 173(4)).

Denial is the start of litigation, not the end of the claim. For a non-enforceable claim, the right is asserted by an action to establish it before the insolvency court within 30 days of the examination hearing, with the period ending no earlier than 15 days after service of the notification (§ 198(1) of the Insolvency Act). This action is brought against the insolvency trustee. For an enforceable claim, by contrast, the trustee brings the action under § 199 and the creditor defends it. Note one point in advance: the action may rely as the basis of the claim only on facts asserted no later than the end of the examination hearing (§ 198(2)). What is not stated in the filing in time cannot be made up later in litigation, so we formulate the basis carefully from the outset.

No. Our lawyer is registered with both the Czech and Slovak Bar Associations, so we handle Czech insolvency proceedings directly. We communicate with you in Slovak, make submissions in Czech and do not pass the file to anyone else.

The price depends on the number of claims, whether the claim is secured or enforceable, and the complexity of the evidence. We confirm it in advance and honour the agreement. Prices are final; the firm is not VAT-registered.