As Dora Koretic/Novac writes on the 4th of September, 2020, it seems that the Croatian National Tourist Board (HTZ) will have to write off a debt of 14,864 kuna, which it owed the recently bankrupt company Kompas, due to the fact that this organisation failed to file a claim for bankruptcy in time in accordance with the appropriate regulations. The Kompas bankruptcy officially occurred early last year.
Namely, the company Kompas formally and legally went bankrupt on January the 3rd, 2019, and the deadline for filing creditors’ claims was prescribed by March the 4th at the latest.
The Kompas bankruptcy debt left to the Croatian National Tourist Board by the collapsed company Kompas referred to the organisation of the tourist fair in Madrid, Spain, and the Croatian National Tourist Board sent the claim by mail on the last day of the prescribed deadline. However, it was established that the application was actually sent to the wrong address – instead of the bankruptcy trustee. as formally and legally prescribed, the application was sent by mistake to the address of the bankruptcy debtor.
”Immediately after learning that the application was sent to the bankruptcy debtor’s address, the Croatian National Tourist Board informed the bankruptcy trustee in writing by sending them a letter stating that the application was sent to the bankruptcy debtor’s address instead of the bankruptcy trustee. The said letter was sent on the 5th of March 2019, the day after the bankruptcy claim was sent, and was received by the Bankruptcy Trustee on the 7th of March 2019. Therefore, the bankruptcy trustee was informed without delay that the consignment in question had been sent by mistake to wrong address,” they explained from the Croatian National Tourist Board.
A new mail with the filing of the Kompas bankruptcy claim was then sent to the address of the bankruptcy trustee on March the 12th, but the bankruptcy court still issued a Decision rejecting the filing due to the aforementioned missed deadline.
After that, the Croatian National Tourist Board appealed the decision, but a cold shower arrived from the High Commercial Court: this body, namely, assessed that sending the application to the address of the bankruptcy debtor, and not the bankruptcy trustee is to the detriment of the tourist board, and the claims of this organisation are far from further helped by the fact that the bankruptcy trustee was informed that they could pick up the application at the address of the bankruptcy debtor.
“Unfortunately, given the fact that the Bankruptcy Law no longer recognises the subsequent filing of bankruptcy claims and that the court didn’t take into account the fact that the Croatian National Tourist Board tried to act in good faith, although it informed the bankruptcy trustee representing the Kompas bankruptcy debtor, a decision was made to reject the appeal. Considering that this is a decision of the High Commercial Court, it is no longer possible to file a regular appeal against it,” they explained from the Croatian National Tourist Board.
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