(challenging a confirmed compulsory settlement)
(1) Any creditor whose claim is affected by the confirmed compulsory settlement may ask the court to annul a confirmed compulsory settlement, if the insolvent debtor may pay the claims of the creditors who are affected by the confirmed compulsory settlement, in the total amount of ordinary claims referred to in the fourth paragraph of Article 212 of this Act.
(2) A complaint for enforcement of the challenging claim referred to in the first paragraph of this Article shall be filed within six months following the time limit for payment of claims, determined in the confirmed compulsory settlement.
(3) Any creditor whose claim is affected by the confirmed compulsory settlement may ask the court to annul the confirmed compulsory settlement, if it has been obtained by fraud.
(4) A complaint for enforcement of the challenging claim referred to in the third paragraph of this Article shall be brought within two years following the finality of the resolution on confirmation of compulsory settlement.
Article 220
(deciding on the annulment of a confirmed compulsory settlement)
(1) The complaint referred to in Article 219 of this Act shall be decided by the competent court which issued the resolution on confirmation of compulsory settlement.
(2) The court shall, with a resolution on annulment of the confirmed compulsory settlement, order the debtor to pay within a time limit to be determined, which should be no longer than one year following the finality of the resolution, the unpaid part of the claims which are affected by the confirmed compulsory settlement.
(3) The finality of the resolution referred to in the second paragraph of this Article shall have the following results:
1. the legal effects of the confirmed compulsory settlement referred to in the first and second paragraphs of Article 214, the first and second paragraphs of Article 215, and point 1 of Article 216 of this Act shall terminate,
2. the resolution on confirmation of compulsory settlement shall have the force of an executory title for the forcible collection of the claims established in compulsory settlement proceedings, in the total amount referred to in the fourth paragraph of Article 212 of this Act against the insolvent debtor.
(4) The resolution referred to in the second paragraph of this Article shall not affect the liabilities of a guarantor referred to in the second paragraph of Article 210 of this Act.
Article 221
(partial challenging to a confirmed compulsory settlement)
If the insolvent debtor may pay creditors’ claims which are affected by the confirmed compulsory settlement in a portion greater than that determined in the confirmed compulsory settlement, the first and second paragraphs of Article 219, and Article 220 of this Act shall apply mutatis mutandis.
5. Chapter 5: BANKRUPTCY PROCEEDINGS Section 5.1: Basic rules on bankruptcy proceedings
Article 222
(application of Chapter 5)
(1) Sections 5.1 to 5.10 of this Act shall apply to bankruptcy proceedings against a legal person.
(2) Section 5.11 of this Act shall apply to personal bankruptcy proceedings.
(3) Section 5.12 of this Act shall apply to legacy bankruptcy proceedings.
Article 223
(debtor in bankruptcy)
(1) A debtor in bankruptcy shall be an insolvent debtor who is the subject of bankruptcy proceedings.
(2) Bankruptcy proceedings may be conducted against any legal entity, unless otherwise provided for by the law in respect of a particular legal form, or type of legal entity, or a particular legal entity.
(3) A social enterprise may be the subject of bankruptcy proceedings only upon prior approval by the Government of the Republic of Slovenia.
Article 224 (bankruptcy estate)
(1) Bankruptcy estate shall be the assets of the debtor in bankruptcy which are realised in bankruptcy proceedings in order to cover the costs of the proceedings and pay the claims of creditors.
(2) The following shall belong to the bankruptcy estate :
1. the assets of the debtor in bankruptcy upon the initiation of such proceedings, 2. all assets acquired by:
– realisation of the bankruptcy estate,
– management of the bankruptcy estate, and
– challenging legal actions of the debtor in bankruptcy, and
3. assets acquired through the continued operation if the debtor in bankruptcy resumes operation pursuant to this Act after the initiation of bankruptcy proceedings.
Article 225
(common and special bankruptcy estate)
(1) A common bankruptcy estate shall include all the assets of the debtor in bankruptcy other than the assets belonging to a special estate.
(2) A special estate shall be assets which are the subject of the right to separate settlement, or financial assets obtained through the realisation of such assets.
(3) Each individual asset which is the subject of the right to separate settlement, shall be formed a special bankruptcy estate, and conducted and managed separately from:
1. assets belonging to the common bankruptcy estate, and 2. assets belonging to other special bankruptcy estates.
Article 226 (distribution estate)
(1) A distribution estate shall be the realised part of the bankruptcy estate intended for the payment of creditors’ claims.
(2) A common distribution estate shall be the financial assets resulting from the realisation of the common bankruptcy estate, minus the costs of the bankruptcy procedure, except the costs referred to in the third paragraph of this Article.
(3) A special distribution estate shall be the financial assets resulting from the realisation of a special bankruptcy estate minus related costs.
(4) The costs associated with the realisation of a special bankruptcy estate shall be:
1. the costs for evaluating the value of assets belonging to the common bankrupt’s estate and costs of their sale,
2. taxes on trading in immovable property, or other tax or compulsory charge to be paid at sale,
3. a proportional part of the compensation for administrator referred to in point 3 of the fourth paragraph of Article 103 of this Act, which is determined in the proportion to the amount which is the subject of the distribution of a special bankruptcy estate, 4. if the subject of the special bankruptcy estate is polluted movable or immovable property: the costs for statutory waste management which are charged to the debtor in bankruptcy under the regulations on environmental protection,
5. a proportional part of:
– compensation for the administrator for elaborating an opening report,
– other costs associated with the establishment of financial statements referred to in Article 291 of this Act, and
– if the value of the common bankruptcy estate is insignificant: also the costs of archiving and other costs associated with the termination bankruptcy proceedings.
(5) The proportional part of costs referred to in point 5 of the fourth paragraph of this Article shall be equal to the portion of the estimated value of the assets which are the subject of the special bankruptcy estate, in the estimated value of the common and all special bankruptcy estates.
Article 227
(concentration principle)
(1) A creditor may enforce a claim for the fulfilment of a liability incurred before the initiation of bankruptcy proceedings in relation towards the debtor in bankruptcy only in bankruptcy proceedings against such debtor and pursuant to the rules of such procedure, unless otherwise provided for by the law in respect of a particular case.
(2) A creditor who fails to meet the time limit for the execution of acts that should be done pursuant to this Act with regard to enforcement of a claim as referred to in the
first paragraph of this Article, shall lose the right to ask the debtor in bankruptcy to fulfil such liability, and the right to payment from the distribution estate.
Article 228
(a principle of limiting risks)
When administering a bankruptcy estate and performing other operations which may be, under this Act, performed by a debtor in bankruptcy, not all business risks shall be assumed which are characteristic of the operation of a going-concern, but only those necessary for the realisation of the creditors' interests to be paid the claims exercised in bankruptcy proceedings.
Article 229
(entries in the register in relation to bankruptcy proceedings) (1) The following shall be entered in the register:
1. the initiation of bankruptcy proceedings, 2. the resolution of termination of the same.
(2) At the same time as the initiation of bankruptcy proceedings, the following shall be entered in the register:
1. „bankrupt“ added to the business name,
2. for a person who are authorised representatives, the following should be entered:
– the expiry of powers of representation of the debtor’s representatives referred to in the first paragraph of Article 245 of this Act, and
– identification data on the administrator referred to in the third paragraph of Article 110 of this Act as a new representative, if the administrator performs the competencies and tasks of the administrator as his profession in the legal form or a lawyer or as sole proprietor, data referred to in point 5 of the third paragraph of Article 110 of this Act; in other cases data referred to in points 1, 2 and 4 of the third paragraph of Article 110 of this Act.
Section 5.2: Deciding on the initiation of bankruptcy proceedings