In connection with the announcement of the bankruptcy of Getin Noble Bank SA "GNB" or "Bankrupt" on 20 July 2023, the creditors (borrowers) of the Bankrupt are entitled to submit claims directly to the bankruptcy trustee of GNB.
What is the deadline for filing a claim?
In the announcement of GNB's bankruptcy dated July 20, 2023, the District Court for the Capital City of Warsaw in Warsaw called on GNB's creditors to file their claims through the National Debt Register (KRZ) within 30 days of the date of the announcement of the bankruptcy decision in the KRZ. It is worth emphasizing that the bankruptcy decision published in the KRZ is immediately effective. Therefore, without waiting for it to become final, creditors wishing to recover their debts from the Bankrupt should file their claims with the KRZ by August 19, 2023. Because the deadline for filing claims falls on a Saturday, the deadline for filing claims has been extended to August 21, 2023.
What are the consequences of failing to submit a claim on time?
Filing a claim after the deadline will result in the creditor (borrower) being required to pay a fee of PLN 1,010.49 , which is the equivalent of 15% of the average monthly salary in the corporate sector, excluding profit-sharing bonuses, in the third quarter of the previous year, as announced by the President of the Central Statistical Office. The fee referred to above is non-refundable.
If a creditor files a claim after the deadline, they should also take into account that the actions taken in bankruptcy proceedings will be effective against that creditor. Filing a claim after the deadline also has no impact on distribution plans already submitted, and a recognized claim is only included in the distribution plans for the bankruptcy estate prepared after its recognition.
The creditor should also remember that he or she should report his or her claim before the final plan for the distribution of the bankruptcy estate funds has been approved, because any claim reported after the final plan for the distribution has been approved will not be considered .
How to report a claim?
Claims are reported via the National Debt Register system.
The creditor or the attorney representing the creditor should have an account in the KRZ system.
After accessing the KRZ system, the creditor (or attorney) should immediately be assigned a user ID number. The creditor should then click the " document catalog entrepreneur bankruptcy tab documents in bankruptcy proceedings tab documents related to the list of receivables tab , then the " 30048 – filing a claim in bankruptcy proceedings " tab.
After entering the " claims submission " tab, the creditor should prepare the GNB bankruptcy case reference number, i.e. WA1M/Gup/44/2023 . The system should immediately redirect the creditor to the claims submission form.
Claims should be filed directly with the bankruptcy trustee , as the extrajudicial body. The form should immediately include a completed box labeled " Extrajudicial body – bankruptcy trustee Marcin Mirosław Kubiczek. "
Next, the creditor or attorney should complete the section for the entity filing the document and designate the entities involved in the bankruptcy proceedings. After clicking the " Add Bankrupt " tab, the name of the Bankrupt will immediately appear in the system.
The next step is to define the receivable (here we advise you to define the amount of the receivable and assign it to individual categories in a document constituting a separate attachment – due to the fact that the receivable categories indicated in the system are not adapted to bank bankruptcy). The document prepared in this way should be added to the section "VIII. Attachments, " add another document ".
If you are submitting a declaration of offsetting mutual claims (which we will explain later in the article), the above-mentioned document should also be attached to the "VIII. Attachments" section, " add another document ".
You should prove the existence of your claim against the Bankrupt with appropriate documents, i.e. a loan agreement, a statement of repayments, etc.
In addition, the KRZ system will also require you to provide the bank account number to which your receivable will be transferred.
On the KRZ website, in the " instructions " tab – located on the bottom blue bar [link https://krz-info-prod.apps.ocp.prod.ms.gov.pl/ext/ ], there is an instruction on how to properly report a claim.
After declaring bankruptcy, can a creditor submit an effective declaration of offsetting mutual claims?
It is likely that the bankruptcy trustee will file a lawsuit against the borrowers (creditors) during bankruptcy proceedings, for example, due to the cessation of loan installment payments without court-provided security. To effectively assert a set-off defense in the proceedings initiated by the bankruptcy trustee, a creditor should submit a statement of set-off as an attachment to the filing via the KRZ system no later than the date the claim is filed .
According to the Supreme Court's judgment of January 14, 2021, file reference I CSKP 10/21, " failing to submit a declaration on exercising the right of set-off or submitting it after the deadline provided for in Article 96 of the Bankruptcy and Restructuring Law results in the creditor losing the right to set-off a claim during bankruptcy proceedings. Consequently, the creditor cannot effectively defend itself in the proceedings by alleging the set-off of a claim that it has not reported to the judge-commissioner, and is obliged to pay its debt in full at the request of the trustee, and can only obtain satisfaction of the reported claim by participating, together with other creditors of the bankrupt, in the distribution of the bankruptcy estate ."
Therefore, in order to minimize the risk, the creditor should submit a statement of set-off no later than at the time of reporting the claim via the KRZ system.
If you need professional legal assistance in completing the claim form, please contact us.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of August 2, 2023
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