Article 296
(claims which should be lodged in bankruptcy proceedings)
(1) In bankruptcy proceedings creditors shall lodge all their claims against the debtor in bankruptcy which arose before the initiation of bankruptcy proceedings, with the exception of those provided for by the law which do not need to be lodged.
(2) A creditor who is responsible for the liability of a debtor in bankruptcy as a joint and several fellow debtor, guarantor or lienee shall lodge in bankruptcy proceedings also a possible claim of recourse which has not occurred before the initiation of bankruptcy proceedings, under the condition of deferral that he will, on the basis of payment of such claim executed after the initiation of bankruptcy proceedings, acquire a claim of recourse against the debtor in bankruptcy.
(3) If the fulfilment of the creditor’s claim is a responsibility of, in addition to the debtor in bankruptcy, additional joint and several fellow debtors or guarantors, the creditor may lodge and exercise in bankruptcy proceedings the total amount of the claim, for as long as it is paid in whole, under the resolutory condition which is to be realised if the creditor’s claim is paid by another joint and several fellow debtor or guarantor.
(4) A claim shall also be lodged in bankruptcy proceedings which arises after initiation of bankruptcy proceedings, if it is provided for by this Act that it should be paid from the distribution estate under the rules of this Act on the payment of creditors’ claims.
(5) If the creditor misses the time limit for lodging the claim referred to in the first, second, third or fourth paragraphs of this Article, his claim in relation to the debtor in bankruptcy shall terminate and the court shall reject the late lodgement of the claim.
(6) Notwithstanding the fourth paragraph of this Article, the priority claims referred to in points 4, 5 and 6 of the first paragraph of Article 21 of this Act are not required to be lodged in bankruptcy proceedings, and such claims shall be considered as lodged in due time with the day of their occurrence.
(7) The administrator shall enter the claims referred to in the sixth paragraph of this Article in the basic or supplemented list of tested claims, and such claims shall be considered as established in the amount indicated by the administrator in the list of tested claims in which they are included.
(8) The amount of the claims referred to in the sixth paragraph of this Article, indicated by the administrator in the list of tested claims under the seventh paragraph of this Article, may be challenged by the holder of such claims with an objection to the list in which it is included.
(9) Other creditors may not challenge the claims referred to in the sixth paragraph of this Article, which is included in the list of tested claims under the seventh paragraph of this Article, with an objection to the negation of the claim; however, such claims may be challenged by means of an objection to the supplemented list of tested claims.
Article 297
(lodgement of an unsecured claim)
(1) In addition to the data referred to in the first paragraph of Article 60 of this Act, the lodgement of a claim in bankruptcy proceedings shall contain:
1. data on the cash account to which the payment of the claim is to be credited, and 2. if the creditor has with the aim of exercising a claim prior to the initiation of bankruptcy proceedings started a civil or other procedure: also data on the court or other competent body conducting the procedure, and on the reference number of the case under which the procedure is conducted.
(2) It shall be considered that the lodgement of an unsecured claim in bankruptcy proceedings includes also a request for payment of such claim pursuant to this Act.
(3) If the lodgement of the claim fails to include the data referred to in the first paragraph of this Article, it shall not be subject to the rules on incomplete lodgements, but the creditor shall be charged all costs incurred by such omission.
(4) If, after a claim is lodged, the data referred to in point 1 of the first paragraph of this Article is changed, or if the claim passes to a new creditor as a singular or universal successor, the creditor or the new creditor shall inform the administrator thereof and provide the data to him that is necessary for payment of the claim.
(5) If the lodgement of a claim does not include the data referred to in point 1 of the first paragraph of this Article, or if a creditor or the new creditor does not inform the administrator on the change referred to in the fourth paragraph of this Article, it is considered that the creditor is in creditor’s delay concerning payment of his claim, as long as he informs the administrator on the data necessary for the payment of such claim.
Article 298
(lodgement of a secured claim and the right to separate settlement)
(1) If a claim referred to in Article 296 of this Act is secured by the right to separate settlement, the creditor shall declare in bankruptcy proceedings within the time limit for lodgement of such secured claim also the right to separate settlement, unless otherwise provided for in the second paragraph of Article 282 of this Act.
(2) The lodgement of a secured claim and the right to separate settlement shall contain:
1. data on the secured claim referred to in the first paragraph of Article 60 of this Act, 2. a certain application for recognition of the right to separate settlement which includes a certain description of the assets which are the subject of the right to separate settlement,
3. a description of the facts on which the application for recognition of the right to separate settlement is based, and evidences of such facts.
(3) A declaration of the right to separate settlement shall, mutatis mutandis, be the subject to the third and fourth paragraphs of Article 60, and the first and third to fifth paragraphs of Article 297 of this Act.
(4) It is considered that the lodgement of the secured claim and the right to separate settlement in bankruptcy proceedings shall include also:
1. an application for a priority payment of a recognised secured claim from the assets which are the subject of the right to separate settlement, and
2. an application for the payment of the unsecured part of the claim from the common distribution estate pursuant to this Act.
(5) If a creditor misses the time limit for declaring the right to separate settlement referred to in the first paragraph of this Article, the right to separate settlement shall terminate.
Article 299
(declaration of exclusion rights)
(1) Creditors shall declare in bankruptcy proceedings their exclusion rights which arose before the initiation of bankruptcy proceedings, within three months following the publication of the notice of initiation of bankruptcy proceedings.
(2) The declaration of exclusion right shall contain:
1. a certain application for the recognition of the exclusion right, which includes a certain description of the assets which are the subjects of the exclusion right,
2. a description of the facts on which the claim for the recognition of the exclusion right is based, and evidences of such facts.
(3) A declaration of the exclusion right shall, mutatis mutandis, be the subject to the third and fourth paragraphs of Article 60, and point 2 of the first paragraph and the third paragraph of Article 297 of this Act.
(4) If a creditor misses the time limit for declaring the exclusion right referred to in the first paragraph of this Article, the exclusion right shall not terminate.
(5) If in the case referred to in the fourth paragraph of this Article the administrator sells the assets, pursuant to this Act, which are the subject of the exclusion right, a creditor with the exclusion right shall lose the exclusion right; however, the creditor may claim for payment of the amount reached through the sale of such assets, minus the costs associated with the sale.
(6) The creditor with exclusion right shall have no right to claim compensation for damage incurred to him as a result of termination of the exclusion right under the fifth paragraph of this Article.
(7) In the case referred to in the fourth paragraph of this Article a creditor with an exclusion right shall lose the exclusion right and the right to the payment of the amount referred to in the fifth paragraph of this Article, if he fails to declare such right until the publication of the plan of the first common distribution.
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Subsection 4.4.5: Deciding on compulsory settlementSection 5.6: Special rules on testing claims, rights to separate settlement and