Popření pohledávky v insolvenci

What does the denial of a claim actually mean?

When you register a claim in insolvency proceedings, the insolvency trustee reviews it and can either accept it or deny it – in whole or in part. There are three most common reasons for denial:

• Authenticity: according to the trustee, the claim does not exist at all (it has expired, become statute-barred, or never arose).

• Amount: the debt exists, but in a different amount (e.g. incorrectly calculated interest or contractual penalties).

• Priority: the trustee denies the right to preferential satisfaction (e.g. challenges a security interest).

If the trustee has denied your claim, you must generally initiate a so-called incidental dispute, otherwise the claim will not be taken into account to the extent of the denial.

Beware of the difference: Enforceable vs. unenforceable claim

The defense procedure differs fundamentally depending on whether your claim is enforceable (you have a judgment, an arbitration award, or a notarial deed with consent to enforceability) or unenforceable (a standard invoice).

• Unenforceable claim: you must file the lawsuit, usually within 30 days of the review meeting; if you did not participate, the period will not end earlier than 15 days from the delivery of the notification. You bear the burden of proof.

• Enforceable claim: the lawsuit must be filed by the party who denied the claim. If they fail to do so within the deadline, the claim is deemed established. Even then, however, you must actively defend yourself in court.

In the lawsuit, evidence can be supplemented, but the factual ground for the origin of the claim stated in the registration cannot be changed.

Threat of sanctions for overvaluing a claim

"Trying to register a higher amount" can backfire severely. If it is found that the actual amount of the claim is less than 50% of the registered amount, the entire claim is disregarded and the court may additionally order the creditor to pay an amount up to the difference into the estate under Czech legislation.

Example: you register CZK 1 million, the court finds that the debtor owes only CZK 400,000. Since this is less than half, you get nothing and face a penalty of up to CZK 600,000. Correct calculation of the principal and accessories is therefore crucial.

Settlement in an incidental dispute

An incidental dispute does not have to end with a judgment – a court settlement can be concluded, for example, on an amount that the trustee stops denying. A settlement can shorten the dispute from months to weeks and save costs. However, a settlement to which the insolvency trustee is a party usually requires the consent of the creditors' body.

The settlement resolves the legal status of the claim, not immediate payment – you will receive the money only when the proceeds are distributed according to the rules of the insolvency proceedings.

Remedies: What to do if the court ruled against you?

Losing in the first instance is not the end of the road. An appeal against the judgment can be filed within 15 days of delivery, with the court that made the decision. The appellate court will review both the legal assessment and the procedural steps.

Against the decision of the appellate court, an appeal on points of law (dovolání) can be filed with the Supreme Court under statutory conditions, within two months of delivery. This appeal serves to correct legal errors, not to present new evidence, and the creditor must be represented by an attorney.

Final summary

An incidental dispute over the authenticity, amount, or priority of a claim is a specialized discipline with short deadlines and strict procedural rules. An overlooked detail can mean the loss of the entire claim.

Did the trustee deny your claim? Our Prague-based legal team will assess the chances of success, prepare the lawsuit, and represent you in the dispute – write to us at consultation@arws.cz.