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News
Value of action for the acceptance of claim in bankruptcy proceedings
19.11.2009
The Civil Chamber of the Supreme Court has, in its judgment number 3-2-1-120-09 of 28 October 2009, explained how the value of an action for acceptance of a claim should be determined in bankruptcy proceedings. It follows from the judgment that, if a claim submitted in bankruptcy proceedings is challenged, in the case of submission of an action for acceptance of a claim the value of the action should be determined not based on the amount of the claim but on the value of the benefit that the plaintiff is likely to receive if the action is satisfied. The value of the benefit expected to be received by the plaintiff does not necessarily have to be equal to the amount of the claim the acceptance of which is requested. The fact that a claim submitted in bankruptcy proceedings has been recognized in court proceedings does not guarantee that the claim will be satisfied in bankruptcy proceedings, and therefore a court must determine the likely extent to which the claim of the plaintiff would be satisfied in bankruptcy proceedings. In determining the extent, the court may, among other things, rely on documents prepared by the trustee in the bankruptcy proceedings, and the court may also request that the trustee give an opinion on the possible extent to which the claim will be satisfied. Such an opinion improves the position of creditors in defending their rights in a situation where the other creditors challenge the claims submitted in bankruptcy proceedings without basis.
