If the bankruptcy creditor, during the last 60 days before the submission of the proposal for the opening of bankruptcy proceedings or after the expiration of that period during enforcement or forced court insurance, acquires a preferential right or some other insurance on the property of the bankruptcy debtor entering the bankruptcy estate, this right of insurance shall cease by the opening of bankruptcy proceedings.
The Municipal Court in Sarajevo, case number 65 0 St 450750 14 St on 4 Jan 2023, issued a Decision on adjudication on the basis of which the buyer is awarded ownership of the property sold by the bankruptcy debtor as part of the bankruptcy proceedings, and the bankruptcy trustee at the hearing for the examination of claims in bankruptcy proceedings, which was conducted over the bankruptcy debtor on 16 June 2017, declared that he recognized the reported amount of claims to the bankruptcy creditor in the amount of BAM 2,260,149.63 as a claim of general payment order, as well as that at the same examination hearing the bankruptcy trustee challenged the person the status of a preferential right for these claims.
Bankruptcy court within the meaning of the provision of Article 115 of the Law on Bankruptcy Proceedings of the Federation of Bosnia and Herzegovina by a decision on the record from the examination hearing held on 16 June 2017, as well as a special decision, subsequently instructed that it may initiate the determination of the disputed status of a preferential creditor for the aforementioned claims, under the threat of losing that right. Within a legal period of 30 (thirty) days from the date of the examination hearing, the person did not initiate proceedings to prove the existence of the disputed preferential right, which meant that he waived the right to initiate the proceedings.
The above-mentioned Decision on adjudication was confirmed by the Cantonal Court in Sarajevo on 5 April 2023, case number 65 0 St 450750 23 Pž 2, whereby the buyer acquired the opportunity to register the right of ownership over 10% of the share before the Register of Companies in Sarajevo, with the deletion of all records and/or encumbrances, whereby the buyer was fully protected, and legally secure in the conducted procedure. Finally, upon the application of this office to the Municipal Court in Sarajevo, on 22 June 2023, in case number 065-0-Reg-23-002025, the Register of Companies issues a Decision on changes in data on the basis of which he is registered as the owner of a 10% share, which protects the interests of the buyer in their entirety and in the best way.
If you need advice on the Legal Consequences of Opening Bankruptcy Proceedings in Bosnia and Herzegovina – Enforcement before the opening of bankruptcy proceedings or you need a commercial law attorney in Sarajevo 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).
