The media reported that another creditor has filed a bankruptcy petition for Cinkciarz.pl sp. z o.o., which runs a popular online currency exchange office. This time, the petition is to be fully paid. If the Court finds no formal deficiencies in the petition, it is expected that Cinkciarz.pl will be declared bankrupt in the coming weeks. The company has not been fulfilling its obligations for many months, including, first and foremost, not executing transactions ordered by customers.
What will Cinkciarz.pl’s creditors have to do in such a situation to attempt to recover their money?
Within 30 days from the date of announcement of the bankruptcy decision on the teleinformatic portal of the National Register of Debtors (hereinafter referred to as “KRZ”), creditors will have to report their claim via KRZ.
In the claim notification, the following should be indicated, among other things: the first and last name or name of the creditor, the identification number in the relevant register and the creditor’s address; specify the amount of the claim; indicate evidence confirming the amount of the claim; the category to which the claim should be classified; any security related to the claim; the status of the case, if the claim is subject to court, administrative, court-administrative or arbitration proceedings, and indicate the creditor’s bank account number. Importantly, you do not need to attach any documents to confirm the existence of the claim to the claim, although this is recommended to streamline the verification process of the reported claim by the trustee.
To submit a claim via the KRZ system, you must have an account in KRZ. Setting up an account in KRZ is not complicated, but you must have a trusted profile or a qualified electronic signature. You can also submit a claim through a professional proxy: a legal adviser, attorney or restructuring advisor. In such a case, it will not be necessary for the creditor to have an account in KRZ.
Exceeding the 30-day deadline for reporting a claim from the date of the announcement of bankruptcy does not exclude the possibility of reporting the claim at a later date. However, late creditors will have to pay a flat fee, which currently amounts to PLN 1,239.94. This fee, known as flat-rate costs related to late filing of receivables, is variable and constitutes 15% of the average monthly salary in the corporate sector without bonuses from profit in the third quarter of the previous year, announced by the President of the Central Statistical Office. Late filing of receivables for which the flat fee is not paid will not be recognized by the trustee.
It should be emphasized that in principle, only those creditors who successfully file their receivables will participate in the division of the bankruptcy estate funds that will be collected during the bankruptcy proceedings.
Without a doubt, declaring bankruptcy of the Cinkciarz.pl company will simplify the process of recovering receivables from the company from creditors.
If you have any further questions regarding the recovery of receivables from the Cinkciarz.pl company, please contact me.