Claim registration

I HAVE A CLAIM AGAINST A COMPANY/PERSON THAT HAS GONE BANKRUPT - WHAT DO I DO NOW? 

If your supplier or other contractual partner goes bankrupt, questions will arise about what to do to try to obtain coverage for your claim. In order to obtain full or partial coverage of the claim, the creditor must submit a notice of claim to the trustee in the relevant bankruptcy estate. Failure to file a notice of claim will mean that your claim will not be considered in relation to the distribution of funds from the estate, if applicable. 

We therefore urge all creditors to submit a claim to the trustee, regardless of whether there is a prospect of dividends at the time of the bankruptcy opening. 

How do you submit a claim notification?

All companies or persons who have a claim against a company or person that has gone bankrupt can file a claim in the estate by submitting a notice of claim to the trustee of the bankruptcy estate in question. At Halvorsen Law Firm, we have four trustees. We have set up a separate e-mail address for submitting claims in all our bankruptcy estates. It is desirable that all claims are submitted to us via this e-mail address; 

[email protected]. 

It is not necessary to send letters by post, but claims received by post will also be registered. 

What must a claim notification contain?

A claim notification does not need to be extensive, but the email must include the following: 

• Which bankruptcy estate does the claim apply to/who owes money?
• Who is entitled to the money?
• The amount of the claim, including specification of principal and any interest/charges 

Feel free to attach as well: 

• Documentation for the claim, including invoices, agreements or similar
• Documentation for any priority/mortgage security

Is there a deadline for submitting a claim notification?

The deadline for filing a claim is stated in the company's announcements on brreg.no and, in accordance with the Bankruptcy Act, must be 3 to 6 weeks after the bankruptcy is opened. However, the deadline is not preclusive. This means that even claim notifications received after the deadline will be registered in the list of claims with us, as long as the estate administration is still ongoing. 

Any additional costs incurred by the estate as a result of the claim being filed after the deadline may be claimed from the relevant creditor. If the bankruptcy estate has been admitted to closure, i.e. finalised by the district court, the right to file a claim in the estate has lapsed. 

What priority do the claims in an estate have and what determines the order of priority?

The claim number has no bearing on the priority of the claim. The number only provides a reference to the number of claims that were received prior to your claim notification. 

All claims received are assessed in relation to the priority they have according to the law. The claims that may have the highest priority are those that are secured by a mortgage, either through a sales pledge, attachment pledge or other pledge. However, this security only gives a special position in the mortgaged object in question. If the collateral is worthless or impossible to find, the collateral will not give better priority in the estate's other assets. 

The priority of other claims in the bankruptcy estate is set out in the Coverage Act:

1. Mass claims - costs of bankruptcy proceedings, etc. 
2. First class claim - salary and holiday pay claims for certain periods.
3. Receivables of other classes - tax and duty claims for certain periods.
4. General bankruptcy receivables/prioritised receivables - all receivables not covered by items 0. to 2. shall be covered with equal rights within the class. 
5. Subordinated claim - interest after the bankruptcy opening, agreed subordinated priority, etc.

What documentation must be attached to the claim notification?

The claim will be registered as a general claim in the estate if no documentation is submitted for other priority/mortgage security. If documentation for the claim itself is not submitted, the claim will be registered in the estate, but the underlying documentation will have to be submitted in connection with a review of the claim prior to any payment. It is therefore recommended that the creditor submits documentation for their claim at the same time or shortly after submitting the notice of claim. 

Which interest rates can be included in a claim notification? 

If it is desirable to claim accrued interest and any costs, it should be noted that it is only possible to claim interest from the day after the due date up to and including the bankruptcy opening date as an ordinary claim in the estate. Claims for costs must also have arisen prior to the opening of the bankruptcy. Interest claims for the period after the bankruptcy opening date are specified and totalled separately. Interest for the period after the opening of bankruptcy constitutes a post-prioritised claim in the estate. 

What happens after the bankruptcy estate has received my claim? 

Once a claim has been received, it will be registered in the relevant bankruptcy estate as soon as possible. The creditor, or the person who submitted the claim on behalf of the creditor, will then receive a confirmation that the claim has been received and registered. Such a confirmation does not mean that the claim has been approved. Only that it has been registered. Examination and approval of all claims in the estate will not take place until the bankruptcy estate is closed and only for the priority classes that will receive full or partial coverage for their claim.