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Aktualitet

Added after the pandemic, here are how many court cases in the courts are waiting to start bankruptcy procedures

Added after the pandemic, here are how many court cases in the courts are

With the bankruptcy law, which began to be implemented in 2017, the bankruptcy procedure is carried out by the Bankruptcy Court on any debtor, whether business or individual, whose obligations cannot be restructured.

By the Court, the opening of bankruptcy proceedings can be done after considering the written request filed by the debtor or any creditor.

The law provides that the debtor applies for the opening of bankruptcy proceedings due to his existing insolvency or insolvency in the near future.

The creditor must file a written request with the Bankruptcy Court, where he must prove the existence of a matured and unpaid obligation on the part of the debtor towards him.

According to the data of the National Bankruptcy Agency, from 2019 to June 2023, the number of court cases for consideration of bankruptcy procedures by the courts was 169 files. In these years, 120 cases were settled, 46 were new cases, while 3 cases were returned for trial.

For the period January-June 2023, the total number of cases is 21 (20 of them are carried over and 1 new case was filed). The number of files in the Court of Tirana is 16. The rest of the court cases are distributed, such as: 1 in Durres, 1 in Korça, 1 in Vlora and 2 cases in Dibër.

For the year 2022, according to the data of the National Bankruptcy Agency, there are 44 court cases for consideration of bankruptcy procedures by district courts.

Referring to the data published by the agency, 29 cases are closed, 14 are new registrations and 1 case is returned for trial. The Court of Tirana presides with a total of 27 cases for review of bankruptcy procedures. Other files are distributed 2 in the court of Durrës, 4 in Shkodër, 2 cases in Fier, 2 in Korçë, 4 in Vlorë and 1 case each in Lushnja, Dibër and Krujë.

After the Covid-19 pandemic, there has been an increase in bankruptcy cases. In 2019, the number of court cases for bankruptcy procedures reached 24 files, of which 21 were closed and 13 new. For 2020, the total number of court files for the review of bankruptcy procedures reached 27, where 22 of them were old cases and 5 new ones.

For the period January - December 2021, the total number of court cases reached 43 files, where 28 of them were carried over, 14 cases were new and 1 case returned for trial.

Before the initiation of the bankruptcy procedure by the court, the new law enables the realization of the collective repayment of debtors through:) Liquidation; b) Reorganization; c) Debt restructuring for individuals; or d) Debt restructuring for commercial entities through out-of-court agreements, approved by the bankruptcy court.

The bankruptcy law also provides for the appointment of a temporary bankruptcy administrator or a temporary supervisory administrator who is appointed by the bankruptcy court. As bankruptcy administrators licensed by the Ministry of Justice, for 2022 there are 7 administrators in the list published by the National Bankruptcy Agency.

Once appointed, the temporary bankruptcy administrator will be charged with securing and safeguarding the debtor's assets, as well as managing the debtor's day-to-day affairs. With the appointment of a temporary bankruptcy administrator, the right to dispose of one's assets is usually taken away from the debtor.

The law extends its effects to any debtor, be it an individual, merchant, agricultural family, private or public legal entity, profitable or non-profit pursuing economic goals, simple society, or local administrative unit./Monitor

 

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