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Bankruptcy of SkyEurope Airlines, a.s.
Information for Creditors
On 9 September 2009, the Bratislava I District Court published its decision ordering bankruptcy on SkyEurope Airlines a.s. On 28 September 2009, the same court appointed Lubomir Bugan as the trustee in bankruptcy.
As part of the bankruptcy proceedings, creditors of SkyEurope have 45 days (from 10.9.2009 to 26.10.2009) to lodge their claims in accordance with the procedures set out by Slovak and European legislation. The claim should be lodged both to the court and to the trustee in bankruptcy (two copies).
Whilst we cannot offer any legal advice, nor can we guarantee the accuracy of the content, we have made available the following information aid those customers and suppliers filing claims.
Bankruptcy of SkyEurope Airlines, a.s.
(“SkyEurope”)
Information for Creditors
1. Notice & Disclaimer
This document is provided for information purposes only and should not be regarded as legal advice that can be relied on by you. The information contained herein is not exhaustive. If you need more information or advice, you should contact a Slovak law qualified lawyer.
2. Claims acceptable under the Bankruptcy Processes
You are entitled to claim for (i) any services you provided and for which you have not been duly paid; (ii) SkyEurope services for which you have paid but have not received; (iii) any other claim that you have against SkyEurope.
3. Deadline for filing claims
Any claims for unpaid debt, which are not received by the court and the trustee by October 26, 2009, will be disregarded and not included in the bankruptcy proceedings.
The claims must be physically received by the court as well as by the trustee not later than October 26, 2009. Any claims received after the above stated deadline will not be considered. In addition, the failure to meet the deadline may not be remedied. Postmarking of the claim plays no role for consideration of the claim.
4. The process for filing claims
You may file the claim (i) under the Slovak Insolvency Act or (ii) if your habitual residence, domicile or registered office is in a European Union Member State other than the Slovak Republic you may file your claim under the Council Regulation No. 1346/2000 on Insolvency Proceedings (the “EC Regulation”). Creditors who are resident or have their registered seat outside of the European Union must file the claim under Slovak Insolvency Act.
A. Slovak Insolvency Act
Complete an official claim form for each of your claims. If you have more than one claim (e.g. if you have multiple contracts with SkyEurope), then also complete an official Summary Statement form. The claim form must be supplemented by all relevant documentation specified within the form proving the respective claim, e.g. photocopies of your unpaid invoices or cancelled flight tickets. If you are a creditor that is obliged to keep books, you must also along with the proof of claims submit a declaration that the claim is registered in your books. A simple declaration to this effect, signed by an authorised person of the creditor should be sufficient for this.
If you are filing the claim under the Slovak Insolvency Act, you can download the official form from the webpage on the Slovak Ministry of Justice at: http://www.justice.gov.sk/skp/dwn/konk/03b_prihpohl.pdf. The official form is only available in Slovak, and must be filled (i) in Slovak or (ii) creditor who has his habitual residence, domicile or registered office in a European Union Member State other than the Slovak Republic may fill the form in the official language of that other Member State.
In the event that you are filing multiple claims under Slovak Insolvency Act, complete a separate form for each of the claims, but send them all together with a Summary Statement. The Summary Statement must be made on an official form that can be found at the webpage on the Slovak Ministry of Justice - http://www.justice.gov.sk/skp/dwn/konk/03c_suhrprehlad.pdf. The official form is only available in Slovak, and must be filled (i) in Slovak or (ii) creditor who has his habitual residence, domicile or registered office in a European Union Member State other than the Slovak Republic may fill the form in the official language of that other Member State.
Please note that if you fill in the claim form or the Summary Statement form or decide to include attachments in other language than Slovak, you are required by the trustee to provide a translation into Slovak at your own costs.
If you are not located in the Slovak Republic, you may also wish to appoint a Slovak
representative (see section 5).
If you decide to appoint a Slovak representative (natural or legal entity), also enclose its details and a letter proving that a Slovak representative accepts your authorisation to receive documents on your behalf. Please note that the authorisation and acceptance should be signed by you as well as by your Slovak representative. In the event that you do not appoint a Slovak representative the documentation regarding your claim will only be delivered by publication in the Slovak Commercial Bulletin. Please note that the authorisation letter must be filed in Slovak. However, it may also be filed in a bi-lingual version (Slovak and another language).
B. EC Regulation
If you file your claim under EC Regulation, the content of your claim must comply with Article 41 of the EC Regulation. Article 41: “The creditor shall send copies of supporting documents, if any, and shall indicate the nature of the claim, the date on which it arose and its amount, as well as whether he alleges preference, security in them or a reservation of title in respect of the claim and what assets are covered by the guarantee he is invoking.”
The claim under EC Regulation can be completed in Slovak, or the official language of the European Union Member State where the creditor has his habitual residence, domicile or registered seat. If you are filing in any language other than Slovak, you must write "Prihláška pohladávky" (lodging of claim) at the top of the form. Please note that you may be required by the court or by the trustee to provide a translation into Slovak at your own costs. The court or the trustee will advise you if this is required.
Please note that if you fill in the claim form or the Summary Statement form or decide to include attachments in other language than Slovak, you are required by the trustee to provide a translation into Slovak at your own costs.
If you are not located in the Slovak Republic, you may also wish to appoint a Slovak representative.
If you decide to appoint a Slovak representative (natural or legal entity), also enclose its details and a letter proving that a Slovak representative accepts your authorisation to receive documents on your behalf. Please note that the authorisation and acceptance should be signed by you as well as by your Slovak representative. In the event that you do not appoint a Slovak representative the documentation regarding your claim will only be delivered by publication in the Slovak Commercial Bulletin. Please note that the authorisation letter must be filed in Slovak. However, it may also be filed in a bi-lingual version (Slovak and another language).
5. The Slovak Representative
There is no obligation to appoint a Slovak representative, however, the court and the trustee will only send correspondence about claims to addresses in the Slovak Republic. Otherwise, the documentation regarding claims will only be delivered by its publication in the Slovak Commercial Bulletin (which can be found at http://www.justice.sk/wfn.aspx?pg=r2 and is published only in Slovak). If you do not appoint a representative, your claim will still be processed but neither the court nor the trustee will contact you directly.
The Slovak representative may be any individual in the Slovak Republic (e.g. business partners, friends), including legal entities and law firms. A list of law firms in the Slovak Republic may be found at the Slovak Bar Association webpage - http://www.sak.sk/blox/cms/en/zone1/advokati/lawyers.
6. Filing of claims
Send one (1) copy to the court and two (2) copies to the trustee. Please note that the versions sent to the court and the trustee must be identical. Keep a copy for your own records.
The claims may be delivered personally to the court and the trustee or by post in a way that they are in the physical disposition of the court and the trustee no later than on October 26, 2009.
Addresses:
Send one (1) copy to the court at the following address:
Okresný súd Bratislava I
(District Court in Bratislava I)
Záhradnícka 10
812 44 Bratislava
Slovak Republic
Send two (2) copies to the trustee at the following address:
Mgr. Lubomir Bugan
Bajkalska 25/A
825 03 Bratislava
Slovenska republika
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