(application of Subsection 5.9.4)
(1) Subsection 5.9.4 shall apply for the distribution of any special distribution estate, unless otherwise provided for in the second or third paragraph of this Article.
(2) Subsection 5.9.4 shall not apply to distribution of a special distribution estate for the payment of the costs of an execution procedure and a secured claim of the creditor which is carried our in an execution procedure, resumed by the enforcement court under the second paragraph of Article 281 of this Act, or initiated by the enforcement court on the basis of a final resolution referred to in point 2 of the first paragraph of Article 304 of this Act.
(3) Subsection 5.9.4 shall not apply for distribution of a special distribution estate which is the subject of the right to separate settlement referred to in the first paragraph of Article 282 of this Act for the payment of the claim of a creditor secured by such right to separate settlement.
(4) The remaining assets after the full amount of claims referred to in the second or third paragraph of this Article is paid shall be transferred into the common distribution estate.
(5) If the special distribution estate referred to in the second or third paragraph of this Article is insufficient to cover the whole claim of the creditor, payment of the unsecured part of such claim shall be subject to Subsection 5.9.3 of this Act.
Article 371
(claims to be paid from a special distribution estate)
(1) In distributing an individual special distribution estate, a claim shall be considered secured by the right to separate settlement to the assets that belong to such special distribution estate if the claim and the right to separate settlement have been declared in due time in bankruptcy proceedings, except:
1. a claim, secured by the right to separate settlement, which has been negated and terminated before drawing up of the plan of first distribution of the special distribution estate under the fourth paragraph of Article 305 or third paragraph of Article 306 of this Act,
2. a claim related to the resolutory condition which has been realised by the drawing up of the plan of distribution of special distribution estate.
(2) Upon first distribution of the special distribution estate, the claim referred to in the first paragraph of this Article shall by paid from such distribution estate if the claim and the right to separate settlement have been recognised in bankruptcy proceedings on the basis of a final resolution as referred to in point 2 of the first paragraph of Article 304 of this Act, and if the claim:
1. is not related to the condition, or
2. has been related to the resolutory condition which has been realised until the drawing up of the plan of first distribution of special distribution estate.
(3) Upon first distribution, assets for the payment of the claim referred to in the first paragraph of this Article shall be reserved in the special distribution estate:
1. if the right to separate settlement is negated, or
2. if the claim is related to a condition which was not realised before the drawing up of the plan of first distribution of special distribution estate.
(4) Payment of the claim shall be executed from the reserved special distribution estate:
1. for the negated right to separate settlement referred to in the first paragraph of Article 305 or first paragraph of Article 306 of this Act: when the court ruling brought to the satisfaction of the claim for priority payment of the secured claim from the assets which are the subject of the special distribution estate becomes final,
2. for a negated right to separate settlement as referred to in the first paragraph of Article 308 of this Act:
– in the case referred to in the sixth paragraph of Article 308 of this Act, when the resolution referred to in point 2 of the first paragraph of Article 304 of this Act becomes final,
– in other cases, when the court ruling on refusing the claim referred to in the second paragraph of Article 308 becomes final,
3. for a claim related to the condition of deferral: when such condition is realised, if it is realised prior to the drawing up of the plan of final distribution,
4. for a claim related to the resolutory condition: upon final distribution, if such conditions has not been realised by the drawing up of the plan of final distribution.
(5) If the assets which belong to an individual special distribution estate are the subject of more rights to separate settlement, claims secured by such rights to separate settlement shall be paid by priority order of acquisition of such rights to separate settlement, so that the claim secured by a right to separate settlement of a later priority order shall be paid from the part of special distribution estate which remains after the total amount of the claim secured by the right to separate settlement of the preceding priority order is paid.
(6) The remaining assets after the full amount of claims referred to in the second or third paragraph of this Article is paid, shall be transferred into the common distribution estate.
(7) If the special distribution estate is insufficient to cover the whole claim of the creditor, payment of the unsecured part of such claim shall be subject to Subsection 5.9.3 of this Act.
(8) The administrator shall submit to the court the plan of first distribution of special distribution estate within eight days following acceptance of the purchase price for the assets which belong to such special distribution estate.
(9) The plan of first distribution of special distribution estate shall contain:
1. information on assets which have been the subject of the special bankruptcy estate and the realisation of which resulted in the special distribution estate,
2. the amount of purchase price reached by the realisation of the special bankruptcy estate referred to in point 1 of this paragraph,
3. the total amount of costs incurred by the realisation of the special bankruptcy estate referred to in point 1 of this paragraph, and amounts of individual types of such costs, broken down by the types of cost referred to in the fourth paragraph of Article 226 of this Act,
4. the amount of special distribution estate which is the subject of the first distribution,
5. the total amount of claims which are considered at the first distribution of the special distribution estate,
6. for each claim which is considered at the first distribution of the special distribution estate:
– the serial number of the claim in the final list of tested claims, – the amount of the claim which is considered at first distribution, – payment priority order of the claim,
– information on whether the claim at first distribution is paid under the second paragraph of this Article, or its payment should be satisfied from the assets reserved under the third paragraph of this Article,
– the amount of claim which is paid, or the assets for the payment of which are reserved, at first distribution,
– the amount of claim which is paid from a common distribution estate under the seventh paragraph of this Article,
7. in the case referred to in the sixth paragraph of this Article: the amount which is transferred to the common distribution estate.
(10) First distribution of the special distribution estate shall, mutatis mutandis, be subject to Articles 364 to 367 of this Act.
(1)) The administrator shall pay to creditors the amounts of claim which are paid from the special distribution estate:
1. for claims referred to in the second paragraph of this Article: within eight days following the finality of the resolution on first distribution of the special distribution estate,
2. for claims referred to in the third paragraph of this Article: within eight days following fulfilment of the condition referred to in the fourth paragraph of this Article, but not before the resolution on first distribution of special distribution estate becomes final.
Article 372
(transfer from special into common distribution estate)
(1) Assets which have been the subject of the right to separate settlement shall be transferred from the special into common distribution estate:
1. if the right to separate settlement terminates under the fourth paragraph of Article 305 or third paragraph of Article 306 of this Act,
2. when the court ruling referred to in point 2 of the third paragraph of Article 281 of this Act becomes final,
3. when the court ruling brought to the satisfaction of the claim referred to in the second paragraph of Article 308 of this Act becomes final,
4. for a claim related to the condition of deferral: upon final distribution, if such condition has not been realised by the drawing up of the plan of final distribution, 5. for a claim related to the resolutory condition: when such condition is realised, if it is realised prior to the drawing up of the plan of final distribution.
(2) The administrator shall inform the court on the legal fact referred to in points 1 to 3 or 5 of the first paragraph of this Article within eight days following the day he becomes aware of, or should become aware of, such fact.
(3) The court shall within three working days following the receipt of the notification from the administrator referred to in the second paragraph of this Article issue a resolution that the assets from the special distribution estate should be transferred into the common distribution estate (hereinafter referred to as: resolution on transfer from special to common distribution estate).
(4) The operative part of the resolution on transfer from special into common distribution estate shall contain data on:
1. the assets which are transferred,
2. the right to separate settlement referred to in the first paragraph of this Article, and 3. the claim which has been secured by such right to separate settlement.
(5) The resolution on transfer from special into common distribution estate shall be served to the creditor who in bankruptcy proceedings has declared the right to separate settlement to which the resolution refers.
(6) An appeal against the resolution on transfer from special into common distribution estate shall restrain its implementation.
(7) In the case referred to in point 4 of the first paragraph of this Article:
1. the administrator shall take account of this legal fact when drawing up the plan of final distribution, and
2. the court shall decide on the transfer from special into common distribution estate under the third and fourth paragraphs of this Article with a resolution on final distribution.
(8) Payment of the claim secured by the right to separate settlement referred to in the first paragraph of this Article shall be subject to Subsection 5.9.3 of this Act.
Subsection 5.9.5: (final distribution) Article 373
(final distribution)
(1) Final distribution shall be a later distribution carried out when all the bankruptcy estate is realised.
(2) If the distribution estate is sufficient to cover all unsecured claims, the part of distribution estate which is not necessary for the payment of unsecured claims shall be distributed with the plan of final distribution to the shareholders of the debtor in bankruptcy in proportion to their shares.
(3) Claims of shareholder for payment of a proportionate part of the remaining distribution estate referred to in the second paragraph of this Article are not required to be declared in bankruptcy proceedings.
(4) If the actual holder of a share does not prove otherwise in an objection to the plan of final distribution, it shall be considered that the holder of the claim referred to in the first paragraph of this Article is:
1. for a public limited company: a person referred to in the second paragraph of Article 284 of this Act,
2. for another legal entity: a person entered in the court register as a shareholder on the day of drawing up of the plan of distribution of the remaining distribution estate.
(5) If the claim cannot be paid due to a creditor’s delay as referred to in the fifth paragraph of Article 297 of this Act, the amount which should be paid to the creditor on the basis of the distribution shall be deposited with the court under the rules provided for in the sixth do tenth paragraphs of this Article.
(6) In the procedure of the court deposit referred to in the fifth paragraph of this Article, the court with a jurisdiction over the subject-matter and territorial jurisdiction which conducts bankruptcy proceedings, shall be the deciding court.
(7) The administrator shall file the proposal for the court deposit referred to in the fifth paragraph of this Article together with the final report referred to in Article 375 of this Act. Such proposal shall contain:
1. identification data on the creditor to the benefit of whom the deposit is to be lodged, and
2. the amount which is the subject of deposit.
(8) The court shall decide on the court deposit referred to in the fifth paragraph of this Article with a resolution on the termination of bankruptcy proceedings. The decision on the court deposit shall contain:
1. the data referred to in points 1 and 2 of the seventh paragraph of this Article in respect of each creditor referred to in the fifth paragraph of this Article,
2. a call to those entitled to deposit, to file a request pursuant to the ninth paragraph of this Article, and
3. legal advice on the legal consequences referred to in the tenth paragraph of this Article.
(9) The court shall pay to the person entitled to deposit the deposited amount upon his request, which:
1. shall contain data on the cash account to which the payment of the claim is to be credited, and
2. shall be attached by any eventual evidence that the person entitled to deposit is a legal successor to the creditor to the benefit of whom the amount has been deposited.
(10) If the person entitled to deposit does not lodge a request as referred to in the ninth paragraph of this Article within three years following the finality of the resolution on termination of bankruptcy proceedings, the court shall issue a resolution providing that the right to take over the deposited amount is statute-barred, and the deposited amount is to be transferred to the Republic of Slovenia.
(11) If also the assets have belonged to a bankruptcy estate which, according to the act regulating cooperative societies, shall not be distributed among the members of such cooperative society (hereinafter referred to as: undistributable capital of cooperative societies), the distribution estate which is not necessary for the payment of unsecured claims (hereinafter referred to as: remaining distribution estate) shall be, irrespective of the second paragraph of this Article, distributed so as:
1. a part of the remaining distribution estate is transferred to the cooperative association of which the cooperative society has been a member,
2. the other part to be distributed among members in proportion to their shareholdings.
(12) The part of the remaining distribution estate which is, under point 1 of the eleventh paragraph of this Article, transferred to the cooperative association, shall be determined so that the remaining distribution estate shall be multiplied by the share represented by the amount of undistributable capital of cooperative societies in the sum of the amounts of undistributable capital of cooperative societies and the amounts of shares of all members, as shown in the balance sheet of the cooperative society according to the balance as at the initiation of bankruptcy proceedings.
(13) The claim of the cooperative association referred to in point 1 of the eleventh paragraph of this Article shall, mutatis mutandis, be subject to the third paragraph of this Article.
Article 374
(transfer of assets which cannot be realised)
(1) If the assets which compose the bankruptcy estate cannot be realised, or the realisation of such would give rise to disproportionate costs, such assets shall be distributed:
1. in the case referred to in the second paragraph of Article 373 of this Act: to shareholders in proportion to their shareholdings,
2. in other cases: to creditors in proportion to their shareholdings as referred to in the third paragraph of Article 359 of this Act, if they agree to take over such assets.
(2) If creditors or shareholders do not agree on taking over the assets referred to in the first paragraph of this Article, such assets shall be transferred to the Republic of Slovenia.
(3) Considering the taking over of the assets referred to in the second paragraph of this Article, the Republic of Slovenia shall not be responsible for any liabilities of a debtor in bankruptcy whatsoever.
(4) The distribution of assets to creditors or shareholders under the first paragraph, or transfer of the assets to the Republic of Slovenia under the second paragraph of this Article shall be decided by the court with a resolution on final distribution.
(5) If upon a final distribution the amount of the remaining financial assets is so small that its distribution would cause disproportionate costs to the creditors, such assets shall be transferred to the Republic of Slovenia. The transfer referred to in the previous sentence shall, mutatis mutandis, be subject to the third and fourth paragraphs of this Article.
Section 5.10: Termination of bankruptcy proceedings