for Demanders
We inform the creditors that the liquidation procedure is a procedure aimed at obtaining the satisfaction of the creditors in the manner specified in the Cstv during the liquidation of the insolvent debtor without a legal successor.
1. Lender
A Cstv. Pursuant to Section 3 (1) (c), a creditor during liquidation proceedings
- in the winding-up proceedings, until the commencement of the winding-up, a debtor who has a final and enforceable claim against the debtor, expressed in cash or in cash, based on a final, enforceable judicial or administrative decision or other enforceable instrument,
- after the commencement of the liquidation, any creditor who has a claim on money or a pecuniary claim against money against the debtor and has been registered by the liquidator;
2. Creditors' Board
A Cstv. 5 / A. §, creditors may form a board to protect their interests and represent them. With regard to the creditor choice, it is important to emphasize that
1. each debtor entity may have only one board,
2. in liquidation proceedings, the condition for the formation of the committee is that the Cstv. It is created by 1/3 of the creditors registered in accordance with Section 28 (2) (f), and these creditors have at least one third of the creditors' claims entitled to settle in the liquidation proceedings,
3. may have a minimum of three and a maximum of seven members
4. the board notifies the debtor, the court, the trustee or the liquidator within 3 working days of its formation
5. Adopt its rules of procedure within 5 working days
3. Possibilities and tasks of a creditor in liquidation proceedings
The Board of Creditors may request the dismissal of the liquidator on the grounds that the liquidator is in serious or repeated violation of the law.
Creditors must file their claims within 40 days of the publication of the winding-up order, with the exception of claims that have already been filed and registered in the bankruptcy proceedings immediately preceding the winding-up proceedings.
It does not need to be reported as a creditor's claim if the transfer was incorrectly addressed to the debtor's bank account.
Creditors may request an action to establish that the head of the debtor business entity has not performed their duties in the interest of the creditors in the 3 years prior to the commencement date of the liquidation.
A Cstv. Section 36 (2) stipulates that in the case of a position-closing netting agreement entered into before the commencement date of the liquidation, the creditor must notify the liquidator of the net claim.
Receivables that have been filed more than 40 days after the publication of the liquidation, but within 180 days, shall be registered by the liquidator, but shall be satisfied only if there is a financial security after the claims declared in due time have been settled.
Receivables that arose during the liquidation and do not qualify as liquidation costs shall be reported to the creditor within 40 days after the receivable becomes due and this claim shall be recorded among the creditors' claims submitted within the liquidation deadline.
From the commencement date of the liquidation, a monetary claim against the economic entity in respect of the assets subject to the liquidation may be enforced only in the framework of the liquidation proceedings.
The liquidator shall convene the registered creditors within 75 days from the date of publication of the order ordering the liquidation in order to form a creditors 'committee or elect a creditors' representative.
The liquidator shall submit to the creditors' committee a quarterly report and report on his activities, the development of the debtor's assets and financial situation and the liquidation costs.
The liquidator may decide to continue the economic activity of the debtor during the liquidation, but in the event that the creditors have formed a board, the liquidator must obtain the board's consent within 100 days of the publication of the liquidation. It is important for creditors to know that the condition for the registration of claims is that the creditor pays 1% of the principal amount of the claim, at least HUF 5,000 and a maximum of HUF 200,000, to a separate account managed by the court's Economic Office, and this liquidator. If the liquidation proceedings were preceded by bankruptcy proceedings and the creditor filed his claim there and also paid the registration fee, you do not have to file the claim again in the liquidation proceedings, but you must pay the difference at the request of the liquidator. The liquidator sells the debtor's assets to the public at the highest price available. The creditors' committee may require the liquidator to notify the board of the sale procedure and to allow the creditors to become acquainted with the valuation and the sale procedure. 4 Appeal by the creditor Within 90 days of becoming aware, but not exceeding 1 year from the date of publication of the winding-up order, the creditor, or the liquidator on behalf of the debtor, may bring an action against the debtor in court: a contract or other legal declaration entered into during the five years preceding and after the date of receipt of the application by the court which results in a reduction in the debtor's assets, if the debtor intended to evade the creditor or creditors and the other party knew or ought reasonably to have known, b) a contract or other legal declaration concluded within two years before and after the date on which the application for winding-up proceedings is received by the court, if the subject matter is a free disposal of the debtor's assets or a free commitment to the property or for a conspicuous third party (c) a contract or other legal declaration entered into within ninety days before and after the date on which the application for winding-up proceedings is received by a court, where the object is to favor a creditor, in particular to amend or secure an existing contract in favor of the creditor. providing security to a non-resident creditor. 5. Satisfaction of creditors
