By initiating bankruptcy proceedings against the bankruptcy debtor, creditors may file their claims by enclosing all relevant evidence and documentation for inspection by the court, i.e., the bankruptcy trustee, for the purpose of recognizing the filed claim. The filing of a claim shall contain the business name, registered office, registration number, and personal ID number of the creditor, i.e., the name, surname, and address of residence of the creditor, business name, registered office, registration number, and personal ID number of the debtor, the amount of overdue and undue claims and the legal basis of the claim, as well as an indication of the existence of an enforceable document and proof of the existence of the claim.
If the debtor has disputed the claim, the court will refer the creditor of the disputed claim to litigate against the debtor to determine the disputed claim. At the hearing for the purpose of examining claims, the court draws up a table of examined claims. The following is entered in the table of examined claims for each individual claim: the amount of the filed claim, in which amount it was determined, i.e., disputed, with the mandatory indication of the reason for disputing.
In the case in which this office successfully represented the plaintiffs in the court proceedings 65 0 Ps 659656 17 Ps, the value of the dispute being BAM 5,202,702.56, and on the occasion of determining the Action against the debtor in order to determine the claim (German: Feststellung des Bestehens einer Forderung im Konkursverfahren), the Municipal Court in Sarajevo, case number 65 0 Ps 659656 17 Ps, on 13 April 2021, issued a first instance judgment determining the claim of the first plaintiff in the amount of BAM 4,695,641.90, and the claims of the second plaintiff in the amount of BAM 1,165,848.87, and the defendant was obliged to pay the amount proportionate to these claims during the division of the bankruptcy estate.
If you need legal counselling on the subject of Action against the debtor in order to determine claim (German: Feststellung des Bestehens einer Forderung im Konkursverfahren) as a company, company member, director or founder or you need a corporate law attorney for your company or for your business idea, then you are in the right place with us and you can contact our corporate law attorneys directly by phone (+387 62 342 463), WhatsApp, Viber or e-mail (rasid@haracic.ba).
