Ich hatte die Frist versäumt (31.12.2009) und nun wie hier im Forun beschrieben Widerspruch eingelegt.
Heute habe ich vom WuC folgende Mail erhalten:
Mr. XXX XXX
Regarding your reference to the exceptions according to Article 118 of the Act on Bankruptcy etc. no. 21/1991.
The Winding-up Committee would like to point out that an invitation to lodge a claim was published in the Icelandic Legal Gazette on 30 June 2009 and translated into all the official languages of the European Union and published in the Official Journal of the European Union, OJ C 192, volume 52. Furthermore the Invitation to lodge a claim was also advertised in major newspapers in all the countries where Kaupthing Bank hf. had branches. The invitation clearly states that claims against Kaupthing Bank hf. not filed within the time limit to file claims, are considered null and void according to Article 118 of the Act no. 21/1991 on Bankruptcy etc. unless the exceptions specified in sub-paragraphs 1-6 of the said article are applicable.
The exceptions mentioned in sub-paragraphs 1-6 of Article 118 are as follows:
If a claim against a bankruptcy estate is not stated to the trustee in bankruptcy before the period provided for in Article 85, the second paragraph, is over, it shall, if it can not be pursued as provided for in Article 116, be cancelled with respect to the estate, except if:
1. the claim is stated before a meeting of the creditors is convened for considering a proposal for distribution, and its acceptance is approved by three fourths of the creditors who would not be paid as a result, both by number of creditors and the amounts of their claims;
2. the claimant resides abroad and neither knew nor should have known of the bankruptcy, provided his claim is stated without undue delay and before a meeting of the creditors is convened for considering a proposal for distribution;
3. the claim is a counterclaim against a claim of the bankruptcy estate, and the conditions provided for set-off in of Article 100 are fulfilled;
4. the claim is such as provided for in Article 109;
5. the claim is such as provided for in Article 110, subparagraphs (1)-(3), or any other claim that has come into being after the court order declaring the bankruptcy was issued, provided the claim is stated without undue delay and before a meeting of the creditors is convened for considering a proposal for distribution, or if
6. the claim has been revived as a result of rescission, cf. Article 143, provided it is stated without undue delay and before a meeting of the creditors is convened for considering a proposal for distribution.
It is up to each creditor to prove that an exception is applicable. An application/claim to the Winding-up Committee for recognition of an exception under sub-paragraphs 2, 3, 4, 5, and 6 shall be lodged in writing to the Winding-up Committee without undue delay before the first meeting of creditors is convened for considering a proposal for distribution. All necessary documents regarding the application/claim e.g. proof of eligibility for an exception should be included with the application/claim.
It is up to creditors wishing to invoke sub-paragraph 1 of Article 118 to gather the necessary acceptance of three fourths of the creditors both by number of creditors and amounts of their claims. It is advised that after the gathering of the necessary acceptance of other creditors, creditors contact the Winding-up Committee with the necessary documents and an application/claim for an exception under sub-paragraph 1. The Winding-up Committee cannot provide help in reaching out to creditors.
It should be noted that exceptions are, under Icelandic law, to be interpreted narrowly.
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Hat irgend jemand noch eine Idee, was ich machen kann?