English
1/ Each creditor, himself or through an agent, shall
submit its pre-insolvency claims within four
(4) months from the date of the judgment rendered for the
opening of reorganization proceedings by sending to
the supervisor in reorganization a registered letter or
any other electronic means with a receipt of
acknowledgement; Such period may be extended by
the supervisory judge in exceptional cases.
2/ In their submission, creditors shall clearly specify:
a) the amount of the pre-insolvency claim,
specifying the principal and, where applicable,
interest and the date on which it became due or
will become due;
b) for contingency claims, an estimation of the
claim;
c) the legal basis for the pre-insolvency claim;
d) the name, address and bank details of the creditor;
e) any preferential status claimed and the legal basis
for such preference;
f) any security in rem or sale with ownership
reserved claimed in respect of the pre-insolvency
claim and assets covered by the in rem security
interest being claimed, the date on which the
security was granted and, if the security has been
registered, the place of registration and
registration number;
g) any personal guarantee in respect of the pre-
insolvency claim, the name and address of the
guarantors, the amount of the guarantee, the date
it was granted and whether the guarantee is
several, joint or joint and several;
h) any set-off claimed and, if so, the amounts of the
mutual claims existing on the date when
reorganization proceedings were opened, the date
on which the claims became due and the amount
remaining after set-off.
3/ Creditors shall provide documents supporting their
claims and shall receive receipts for proofs produced.
4/ The supervisor in reorganization shall return the proofs
after the reorganization proceedings are closed and
shall cease to be liable for such return after one year.
5/ Creditors, who fail to submit their pre-insolvency
claims and security interests within the time limit set
out in Sub-Article
(1) of this Article may not
participate in the distributions and their claims shall
not be assumed by the investor in case of the sale of
the business as a going-concern.
