(subordinated application of the rules of civil procedure)
(1) Other questions in relation to insolvency proceedings which are not regulated otherwise by this Act shall, mutatis mutandis, be subject to the rules of the act governing civil procedure.
(2) In insolvency proceedings, a reinstatement may no longer be moved, or a motion to reopen proceedings may no longer be brought, or a revision may no longer be lodged.
(3) Whoever misses the time limit or fails to appear at hearing where he should give or submit proposals, statements or objections, he shall no longer be able to give or submit them after the time limit has expired, or the hearing has been concluded.
Article 122
(websites for publications in insolvency proceedings)
(1) On the websites for publications in insolvency proceedings the following shall be published in relation to an individual proceeding:
1. the following data on individual insolvency proceeding:
– identification data of the insolvent debtor,
– the court conducting the proceedings and reference number of the proceeding, – identification data on the administrator,
– start of the proceeding, expiry of the time limit for lodging a claim in the proceeding, and data on other procedural acts in the proceeding,
– in the case of a bankruptcy proceeding also: data on the amount of the bankruptcy estate and portions of repayments of creditors,
2. all resolution issued in such proceeding, except:
– a resolution on collection of regular remunerations referred to in Article 393 of this Act,
– a resolution on the collection of financial assets referred to in Article 394 of this Act and
– a resolution on the termination of further the collection of regular remunerations, or seizure of financial assets referred to in the third paragraph of Article 410 of this Act, 3. notice of the initiation of the proceeding, notice of the fixing of a hearing, and other notices or calls for a vote issued under this Act by the court,
4. all minutes of hearings and course of meetings of the creditors’ committee,
5. administrator’s reports and documents attached thereto, and in compulsory settlement proceeding also the reports of the insolvent debtor and documents attached thereto,
6. lists of tested claims,
7. the lodgements of parties to the proceedings and other court records the publication of which is provided for by this Act,
8. in bankruptcy proceeding also all calls for public auctions and invitations to make offers in relation to the realisation of the bankruptcy estate .
(2) Websites for publications in insolvency proceedings shall be managed by the agency.
(3) Websites for publications in insolvency proceedings shall be arranged in such a manner as to enable anyone free insight into data published therein, namely:
1. by the date of publication,
2. by the identification data of an insolvent debtor, or
3. by the court and reference number of insolvency proceedings.
(4) It is considered, and evidence to the contrary shall not be allowed, that the party to insolvency proceedings, or another person, has become familiar with the content of the court decision, lodgements of other parties to such proceedings, or other legal action referred to in the first paragraph of this Article, by the expiry of eight days following the publication of such legal action.
(5) For publications under the first paragraph of this Article a lump-sum compensation shall be paid when the notice of the initiation of the procedure is published, as laid down in the tariff of the agency in respect of the type of procedure.
Compensation referred to in the first sentence of this paragraph shall be paid to the agency by the court to be deducted from the advance payment referred to in the fifth paragraph of Article 141 or first paragraph of Article 233 of this Act.
(6) The agency shall accept the tariff for determining compensation referred to in the fifth paragraph of this Article with the consent of the minister responsible for justice.
(7) The Government of the Republic of Slovenia shall lay down detailed rules concerning publications in insolvency proceedings.
(8) By means of the regulation referred to in the seventh paragraph of this Article, the Government of the Republic of Slovenia may also:
1. determine that data referred to in the first paragraph of this Article are published also on public websites intended for joint publications of data on insolvency proceedings in more Member States of the European Union which are established and managed on the basis of an agreement between the competent bodies of Member States of the European Union and
2. manage more detailed rules on such publications.
Article 123 (services)
(1) In preliminary insolvency proceedings, court records and letters of clients shall be served to the clients in the proceedings.
(2) In main insolvency proceedings court records and letters of clients or administrators shall be served only if so provided for by law in respect of a particular letter, and to a person the service to whom is provided for by law.
Article 124 (decisions)
(1) In insolvency proceedings the court shall decide with a resolution or an order.
(2) The court shall issue an order to the administrator containing instructions for his work.
(3) On matters other than those specified under the second paragraph of this Article, the court shall decide with a resolution.
Article 125
(appeal against a resolution)
(1) An appeal may be filed against a resolution unless otherwise provided for by the law in respect of a certain resolution.
(2) The appeal shall not restrain the implementation of the resolution unless otherwise provided for by the law in respect of a certain resolution.
Article 126
(capacity ad processum for lodging an appeal)
(1) All parties to insolvency proceedings shall have the right to lodge an appeal against a resolution, unless it is provided for by law for an individual resolution that only certain clients may lodge an appeal.
(2) The administrator or another person who is not a client in the proceedings shall have the right to lodge an appeal against the resolutions which are so allowed by law.
Article 127 (time limit for appeal) (1) An appeal shall be lodged within fifteen days.
(2) The time limit specified in the first paragraph shall start:
1. for persons who shall be served the resolution pursuant to this Act: as of the service of the resolution,
2. for other persons: as of the publication of the resolution.
Article 128
(deciding on an appeal)
(1) A belated or inadmissible appeal shall be rejected by the court of first instance.
(2) If the court establishes that the timely instituted and admissible appeal is substantiated, it may replace the resolution challenged by the appeal with a new resolution.
(3) If the court of the first instance does not decide under the first or second paragraphs of this Article, it shall refer the case to the court of the second instance to decide on the matter.
Article 129 (costs of the creditor)
Each creditor shall bear his own costs of participation in insolvency proceedings.
Section 3.8: Effects of insolvency proceedings on enforcement and securing