CLAIMING RECEIVABLES

(1)

(Amended - SG 84/2000) Creditors shall claim their receivables in writing before the bankruptcy court not later than one month after the advertisement for opening of  the bankruptcy proceedings.

(2)

(Amended - SG 84/2000) Each creditor shall indicate the grounds and amount of the receivables, privileges and security, the official address and present evidence in writing.

(1)

The receiver shall compile within 14 days from the end of the term under Art. 685, Par1:

1.

a list of the accepted claiming receivables under the term of the filing and indicating the creditor, the size and the grounds of the receivables, privileges and security and the date of the claim;

2.

a list of the receivables under Art. 687;

3.

a list of the claimed and not accepted , the annual audit report for the previous year and for the last month from the date of opening the bankruptcy proceedings.

(2)

The materials under Par. 1 shall be presented  at the court office at disposal of the creditors and the debtor.

(1)

(Previous Art. 687 - Amended - SG 84/2000) The receivables of a worker or employee arising from a labour relationship with the debtor which have occurred up to one year prior to the decision to start bankruptcy proceedings shall be entered proprio motu in the list of receivables claimed by the receiver.

(2)

(New - SG 84/2000) The receiver shall enter ex-officio in the list the claimed receivables and the established public receivable that has entered into force. 

(1)

(Amended - SG 84/2000) Claims made after the expiration of the term under Art. 685, paragraph 1, but not later than five months,  shall be entered on the list of receivables claimed and accepted in accordance with the terms and procedures set forth by law. The receivables not claimed within this period, which occurred before the opening of the bankruptcy proceedings and for which there are no pending cases, cannot be claimed under the said bankruptcy proceeding.

(2)

A creditor with claims under paragraph 1 may not challenge receivables already accepted or a distribution which has been made and he shall be satisfied with the balance if the property cashed in has been distributed. The additional expenses for the acceptance of his claim shall be borne by him.

(3)

(New - SG 84/2000) Receivables not paid at the payment date and that occurred after the date of the opening of the bankruptcy proceedings until the approval of the recovery plan, respectively the until the date of the declaring the bankrupt of the debtor, shall be claimed under the rules of this Chapter. The receiver shall work out an additional list for these receivables.

(4)

(New - SG 84/2000) The inclusion of the receivables under Par. 3 in the additional list or in the account for distribution cannot be refused if the obligation has been acknowledged by the receiver and the debtor. 

The receiver shall make an announcement in the State Gazette about the list compiled and its availability for creditors and the debtor at the court office.

(1)

(Amended - SG 84/2000) The debtor or creditor may object in writing against accepted or unaccepted receivable before the receiver, and with a copy for the court,  within 14 days after the promulgation of the announcement for the presentation of the lists and the report  under Art. 686, paragraph 1.

(2)

The objection shall be examined within 14 days after the expiration of the term under paragraph 1 jointly by the receiver, the debtor, the creditor whose presence on or absence from the list is challenged and the creditor who has raised the objection.

(3)

(Amended - SG 84/2000) Within 3 days from the examination under paragraph 2, the receiver shall make the final decision relative to the exclusion or inclusion of the receivable in the list of accepted receivables and communicate this decision to the persons under paragraph 2.

(4)

(New - SG 84/2000) Within 1 month from the expiration of the term under paragraph 1, the receiver shall present to the court:

1.

the final list of the receivables accepted by him;

2.

the final list of the receivables not accepted by him, for which objections under par. 1 have been made, as well as statement on each objection.

Receivables which have been established with a court ruling which has entered into force and was issued after the date of the decision to start bankruptcy proceedings, where the receiver was a party, cannot be challenged.

(1)

(Amended - SG 70/1998) The list of the receivables accepted by the receiver for which objections have not been received under the rules of Art. 690, Par. 1, shall be approved by the court on a closed session immediately after the presentation of the list under Art. 690, Par. 4, Item 1 by the receiver. The court shall  rule by definitiobn.

(2)

The court shall consider the received objections on an opened session not longer than 14 days from the presentation of the list under Art. 690, Par. 4, Item 2. If it shall be possible all the objections shall be considered on one court session.

(3)

When the court finds the objections ground, it shall approve the list with the necessary change. Otherwise the court shall leave the objections without any consideration. The court shall rule within 14 days from the session on Par. 2 by a definition.

(4)

An announcement for the definition of the court for approval of the list shall be promulgated in the State Gazette.

In the bankruptcy proceedings shall considered as accepted, a receivable which has been included in the list approved by court under the Article 692 except the receivable under Art. 694, Par.1.

(1)

A creditor made objection under Art. 690, Par. 1,  can file a claim for establishment of the existence of not accepted receivable or the non- existence of accepted receivable within 14 days from the promulgation of the definition of the court for approval of the list under art. 692, Par. 1. The claim shall be filed at the bankruptcy court.

(2)

The state fee shall not be paid in advance in the case of filing the claim under Par. 1. If the claim is withdrawn the expenses shall be on account of the claimant, and if this is the debtor or the receiver they shall be on account of the bankruptcy estate. 

(3)

The entered into force decision of the court under Par. 1 shall have an establishment effect on the relations between the debtor, the receiver and all the bankruptcy creditors. 

(4)

In the recovery plan respectively at the distribution of the cashed property shall be obligatory allocated reserves for unaccepted receivable - subject of establishment under Par. 1.

(5)

The claim for establishment shall be considered and the court shall rule on it regardless of the bankruptcy proceedings.

The list approved by the court shall be expanded with receivables claimed and approved subsequently under terms and procedures set forth by law.

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