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Fina: 632 Individuals Requested Personal Bankruptcy

Since the beginning of this year, when personal bankruptcy was enabled by law, the Financial Agency (Fina) has received 632 requests for initiating extrajudicial proceedings that precede bankruptcy proceedings before the courts, and so far, 251 proceedings have ended with unsuccessful agreement, according to the latest data from Fina.

According to Fina’s data, from January 1 to October 3, the initiation of extrajudicial proceedings was requested by 631 citizens and one craftsman, or a person engaged in self-employment, with their total reported liabilities exceeding 286 million kuna.

Of the total number of initiated proceedings before Fina’s advisory offices, as of October 3, 251 ended with the issuance of a certificate of unsuccessful extrajudicial agreement. According to Fina’s data, the highest number of such certificates, 72, was issued in the Zagreb advisory office, followed by the advisory office in Osijek with 28 certificates.

Along with the request to initiate the proceedings, the debtor must attach a list of their assets and total unpaid obligations. From these lists, it appears that the individuals who requested the initiation of the proceedings indicated that they have a total of 2,742 creditors, to whom they owe a total of 286.03 million kuna.

The most proceedings were initiated in the advisory office in Zagreb – 337, followed by Osijek with 57, Pula with 39, Rijeka with 36, and Split with 23 initiated extrajudicial proceedings.

Data on the amounts of reported obligations show that the highest amount, exceeding 110.4 million kuna, was reported in the proceedings conducted at the advisory office in Zagreb, followed by the advisory office in Dubrovnik, where only seven proceedings were initiated, but the reported amount of debt exceeds 29.26 million kuna. In the advisory office in Virovitica, debts were reported in the total amount of 27.1 million kuna, in Osijek 23.9 million kuna, and in Pula 13.47 million kuna.

The Consumer Bankruptcy Act, which enabled personal bankruptcy, came into force on January 1 of this year, and under it, this procedure can be requested by citizens or craftsmen, or persons engaged in self-employment, if they have fewer than 20 creditors, do not owe more than 100 thousand kuna, and no pre-bankruptcy or bankruptcy proceedings have been initiated against them.

Consumer bankruptcy proceedings are conducted by the courts, but the law stipulates that before initiating court proceedings, an attempt should be made to reach an agreement between the debtor and the creditor in an extrajudicial procedure, in one of the 21 advisory offices within Fina in all Croatian counties.

The extrajudicial procedure lasts a maximum of 30 days from the date of the meeting specified in the invitation to participate and may exceptionally be extended for an additional 30 days, and after the expiration of the deadline, the advisory office issues a certificate to the consumer that the attempt to conclude an extrajudicial agreement was unsuccessful. Such a certificate is also issued in cases where any of the creditors, after the announcement of the invitation to participate, states that they do not wish to participate in the extrajudicial procedure, initiates or continues proceedings for the forced realization of their claim.