(claims considered at the distribution of common distribution estate)
In distributing those common distribution estate, the unsecured claims shall be considered which have been, in bankruptcy proceedings, declared in due time, except:
1. negated claims which terminated by the drawing up of a distribution plan, under the fourth paragraph of Article 300 or seventh paragraph of Article 301 of this Act, 2. claims related to the resolutory condition which was realised by the drawing up of the distribution plan.
Article 359
(priority order of payment of claims from the common distribution estate) (1) Claims shall be paid from the common distribution estate in the following priority order:
1. priority claims, 2. ordinary claims, 3. subordinated claims.
(2) As long as the distribution estate is insufficient for the full repayment of claims of the preceding payment priority order which should be considered at distribution, claims of the lower payment priority shall not be paid.
(3) If the distribution estate is insufficient for full the repayment of claims of an individual priority order which should be considered at distribution, all claims of such priority order shall be paid in the portion calculated as a ratio of the available amount of distribution estate to the total amount of all claims of such priority order which should be considered at distribution.
Article 360
(priority and common distribution)
(1) Priority distribution shall be the distribution of the common distribution estate for payment of priority claims.
(2) Common distribution shall be distribution of the common distribution estate for the payment of ordinary and subordinated claims.
Article 361
(first and later distributions)
(1) First priority distribution shall take place when the common distribution estate is sufficient to cover one half of the amount of priority claims which should be considered at distribution.
(2) The first common distribution shall be carried out:
1. when the common distribution estate is sufficient to cover one half of the amount of ordinary claims which should be considered at distribution, if such situation occurs earlier than six months following the initiation of bankruptcy proceedings,
2. in other cases, when the common distribution estate is sufficient to cover ten per cent of the amount of ordinary claims which should be considered at distribution.
(3) Later distributions shall take place when the common distribution estate is sufficient to cover an additional ten per cent of the amount of priority or ordinary claims which should be considered at distribution.
Article 362
(claims to be paid from the common distribution estate)
(1) Upon first distribution, the following unsecured claims shall be paid from the common distribution estate, which are recognised in bankruptcy proceedings by the drawing up of a plan of first distribution, in the portion referred to in the third paragraph of Article 359 of this Act:
1. claims which are not related to the condition, and
2. claims related to the condition of deferral which has been realised by the drawing up of the plan of first distribution.
(2) Upon the first distribution, resources shall be reserved in the distribution estate for the payment of the following claims in the portion referred to in the third paragraph of Article 359 of this Act (hereinafter referred to as: reserved common distribution estate):
1. negated claims, and
2. claims related to a condition which has not been realised by the drawing up of the plan of the first distribution.
(3) The payment of a claim shall be executed from the reserved common distribution estate on the basis of a resolution on first distribution, when the following conditions are satisfied:
1. for a negated claim referred to in the first paragraph of Article 300 or first paragraph of Article 301 of this Act: when the court ruling brought to the satisfaction of the claim for establishing existence of the claim becomes final,
2. for a negated claim referred to in the first paragraph of Article 302 of this Act:
– when the time limit for filing a complaint referred to in the second paragraph of Article 302 of this Act expires, if none of those who have negated the claim has filed the complaint within such time limit, or
– when the court ruling whereby the claim for establishing the non-existence of the claim is refused, the complaint referred to in the second paragraph of Article 302 of this Act is rejected, or the procedure is interrupted since the complaint has been withdrawn, becomes final,
3. for a negated claim referred to in the first paragraph of Article 314 of this Act:
– when the time limit for declaring the participation referred to in the third paragraph of Article 314 of this Act expires, if none of those who have negated the claim has declared their participation within such time limit, or
– when the decision whereby the competent state body has decided on the existence of the claim, becomes final.
4. 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,
5. for a claim related to the resolutory condition: upon final distribution, if such condition has not been realised by the drawing up of the plan of final distribution.
(4) Common distribution estate reserved for payment of an individual claim under the second paragraph of this Article shall be, subject to a later or final distribution, distributed among other creditors, when the following conditions are satisfied:
1. for a negated claim referred to in the first paragraph of Article 300 or first paragraph of Article 301 of this Act: when the court ruling whereby the claim for establishing the existence of the claim is refused, the complaint referred to in the first paragraph of Article 300 or the first paragraph of Article 301 is rejected, or the procedure is interrupted, since the complaint has been withdrawn, becomes final, 2.
for a negated claim referred to in the first paragraph of Article 302 of this Act:
when the court ruling brought to the satisfaction of the claim for establishing the non-existence of the claim, becomes final,
3. for a negated claim referred to in the first paragraph of Article 314 of this Act:
when the decision whereby the competent state body decided on the non-existence of the claim, becomes final,
4. for a claim related to the condition of deferral: upon final distribution, if such conditions 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.
Article 363
(plan of first distribution)
(1) Prior to drawing up of a plan of first distribution, the administrator shall update the final list of tested claims in accordance with Article 72 of this Act.
(2) The plan of first distribution shall contain:
1. the amount of the common distribution estate which is the subject of first distribution,
2. the total amount of claims which are considered at first distribution, 3. a proportion referred to in the third paragraph of Article 359 of this Act, 4. for each claim which is considered at first distribution:
– a serial number of the claim in the final list of tested claims, – the amount of the claim which is considered at first distribution,
– information on whether the claim at first distribution is paid under the first paragraph of Article 362 of this Act, or its payment should be satisfied from the assets reserved under the second paragraph of Article 362 of this Act,
– the amount of claim which is paid, or the assets for the payment of which are reserved, at first distribution, calculated on the basis of the portion referred to in the third paragraph of Article 359 of this Act.
(3) The administrator shall submit to the court the plan of first distribution and the updated final list of tested claims referred to in the first paragraph of this Article:
1. at the first priority distribution: within eight days following the occurrence of the situation referred to in the first paragraph of Article 361 of this Act,
2. at the first common distribution: within one month following the occurrence of the situation referred to in the second paragraph of Article 361 of this Act.
(4) The court shall publish the plan of first distribution and the updated final list of tested claims within three working days following the receipt.
364. Article 364(objection to a plan of first distribution) (1) Any creditor may oppose against the plan of first distribution.
(2) The creditor shall enter the objection to the plan of first distribution at the first priority distribution within fifteen days, and at the first common distribution within one month following the publication under the fourth paragraph of Article 363 of this Act.
Article 365
(resolution on first distribution) (1) The court shall with the resolution on first distribution:
1. decide on the objections referred to in Article 364 of this Act,
2. decide on the assessment of a proportional part of compensation to the administrator as referred to in point 3 of the fourth paragraph of Article 103 of this Act, and
3. determine a final plan of first distribution.
(2) In the operative part of the resolution on first distribution, the court shall formulate its determination of the final plan of the first distribution so as to indicate the final plan of first distribution, which is an integral part of the operative part of such resolution.
(3) The court shall:
1. for the first priority distribution within eight days, and at the first common distribution within fifteen days following the expiry of the time limit for the objection referred to in the second paragraph of Article 364 of this Act, decide on objections and inform the administrator of the content of its decision, and
2. within three working days following the day when the administrator presents the final plan of first distribution, make public the resolution on first distribution and the final plan of first distribution, which is an integral part of such resolution.
Article 366
(appeal against a resolution on first distribution)
(1) An appeal against a resolution on first distribution shall be applied to challenge only:
1. a decision on the objections referred to in Article 364 of this Act, and
2. the final plan of first distribution in the part in which it is the subject of such objections.
(2) An appeal against the resolution on first distribution shall restrain its implementation.
(3) The final resolution on first distribution shall be the executory title.
Article 367
(final plan of first distribution)
The administrator shall, within three working days following the receipt of the notification referred to in point 1 of the third paragraph of Article 365 of this Act, submit to the court a final plan of first distribution pursuant to the court’s decision on the objections referred to in Article 364 of this Act.
Article 368
(time limits for payment on the basis of the final plan of first distribution) The administrator shall pay to creditors the amounts referred to in the fourth indent of point 4 of the second paragraph of Article 363 of this Act on the basis of the final plan of first distribution:
1. for claims referred to in the first paragraph of Article 362 of this Act: within fifteen days following the finality of the resolution on first distribution,
2. for claims referred to in the second paragraph of Article 362 of this Act: within fifteen days following fulfilment of the condition referred to in the third paragraph of Article 362 of this Act, but not before the resolution on first distribution becomes final.
Article 369 (later distribution)
(1) Later distribution shall, mutatis mutandis, be subject to Articles 362 to 368 of this Act, unless otherwise provided for in the second or third paragraph of this Article.
(2) The time limit for entering an objection to the plan of later distribution referred to in the second paragraph of Article 364 of this Act shall be, in respect of a later priority and common distribution, fifteen days following the publication under the fourth paragraph of Article 363 of this Act.
(3) It shall not be enforced by means of an objection to the plan of later distribution, that a certain claim is to be or not to be considered at the distribution if consideration of such claim has already been decided by a final resolution on first distribution or by a final resolution on later distribution, issued in relation to another plan of later distribution.
Subsection 5.9.4: Distribution of special distribution estate