Other proceedings

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neckermann@zfrsa.pl

Proceedings

Neckermann Polska Biuro Podróży sp. z o.o.

Status: Pending
Court: District Court for the Capital City of Warsaw in Warsaw, 18th Commercial Division for Bankruptcy and Restructuring

Dear Sir or Madam,

We inform you that, pursuant to the Decision of the District Court for the Capital City of Warsaw in Warsaw, 18th Commercial Division for Bankruptcy and Restructuring of 12 December 2019, Court declared the bankruptcy of Neckermann Polska Biuro Podróży sp. z o.o. with its registered office in Warsaw (hereinafter referred to as Bankrupt), case file No.: XVIII GU 1077/19.

Zimmerman Filipiak Restrukturyzacja S.A. was appointed the official receiver [syndyk] in the proceeding. SSR Łukasz Grzechnik holds the position of the judge-commissioner.

In 3rd point of the bankruptcy order, the Court called the bankrupt’s creditors to raise their objections within 30 days of the bankruptcy declaration being published in Court and Commercial Gazette [Monitor Sądowy i Gospodarczy]. Declarations of claims may be submitted by the creditors to the following address: Judge-Commissioner SSR Łukasz Grzechnik, District Court for the Capital City of Warsaw in Warsaw, 18th Commercial Division for Bankruptcy and Restructuring matters, ul. Czerniakowska 100A; 00-454 Warsaw.

Bankruptcy proceedings are presented under reference number act XVIII GUp 1422/19.

In bankruptcy proceedings, the official receiver may contact creditors via email. Please send all correspondence to neckermann@zfrsa.pl.


16.12.2019

Filing claims

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In 3rd point of the bankruptcy order, the Court called the bankrupt’s creditors to raise their objections within 30 days of the bankruptcy declaration being published in Court and Commercial Gazette Monitor Sądowy i Gospodarczy]. The official receiver ordered the publication.

In the course of bankruptcy proceedings, a list of claims will be drawn up covering claims arising before the date of declaration of bankruptcy, i.e. until December 12, 2019. A creditor of the bankrupt who wishes to participate in bankruptcy proceedings shall file a claim with the judge-commissioner within the time limit specified in a bankruptcy order. (Article 236 (1) of the Bankruptcy Law). A proof of claim shall be filed in writing, in two copies in accordance with the specimen provided. The template for filing claims can also be downloaded from the website of the Ministry of Justice.

The formal requirements for filing claims have been dealt with in art. 239 and 240 of the Act of February 28, 2003 on the Bankruptcy Law. In particular, the official receiver advises creditors that:

  1. A claim denominated in foreign currency, notwithstanding its due date, shall be recorded on the list of claims after being converted into the Polish currency at the average foreign exchange rate of the National Bank of Poland in force on the date of declaration of bankruptcy, i.e. from December 12, 2019 (Article 251 of the Bankruptcy Law);
  2. Interest on a monetary claim shall be recorded on the list of claims in the amount accrued up to and including the day preceding the declaration of bankruptcy (Article 247 (2) of the Bankruptcy Law);
  3. A claim for the billing period during which bankruptcy was declared, in particular in respect of rent, taxes or social security contributions, shall by operation of law be divided on a pro rata basis into a portion regarded as a claim arisen prior to the declaration of bankruptcy and a portion regarded as a claim arisen after the declaration of bankruptcy (Article 245a (1) of the Bankruptcy Law);
  4. The claim must be accompanied by documents confirming the right of the person who signs the claim to represent the creditor.

In addition, the official receiver advises foreign creditors that, in accordance with Article 380 of the Bankruptcy Law a creditor who does not have his place of habitual residence, place of residence or registered office in the Republic of Poland or in another member state of the European Union and who has failed to appoint an attorney to manage his affairs in the Republic of Poland shall appoint a process agent in the Republic of Poland. Unless a process agent is appointed, pleadings addressed to the failing creditor shall be left in the case file and deemed duly served. The claim must be accompanied by documents confirming the right of the person who signs the claim to represent the creditor. For institutions and legal persons, an extract from the relevant foreign commercial register is required.

Specimen claim submission.