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Cancellation of Bankruptcy of the Evangelical Church in Croatia, Fina Filed an Appeal

The Financial Agency (Fina) has filed an appeal against the court decision that annulled the already concluded bankruptcy of the Evangelical Church in the Republic of Croatia – the church municipality of Zagreb, stating that the “court incorrectly determined that the debtor has no outstanding obligations.”

In Fina’s decision, it is stated that the Evangelical Church had a debt of slightly more than 11,000 kuna as early as the end of July.

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Fina’s appeal followed after the Commercial Court in Zagreb annulled the decision that had concluded the bankruptcy of the Evangelical Church in September, following an appeal from the debtor who claimed that the debt, which according to the court decision amounted to slightly more than 9,600 kuna, had been paid and that on “August 4, 2017, the debtor no longer had any recorded unfulfilled payment obligations in the Register of Payment Orders.”

In addition, representatives of the Evangelical Church emphasized that they own assets that significantly exceed the amount of debt recorded in the bankruptcy proposal, and moreover, that it concerns debtor assets that have the status of cultural property – including the church and the premises of the Evangelical Church in Gundulićeva Street in Zagreb.

However, Fina’s appeal states that the decision to annul the bankruptcy should be contested because that debt simply has not been paid, or it was erased even though the obligations had not been settled.

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– On July 28, 2017, a bankruptcy procedure was opened and concluded against the debtor, and the bases for payment were removed from the Register of Payment Orders. The debtor submitted confirmations to the court with a date after the opening of the bankruptcy procedure, which indicated an amount of 0 kuna, but not because the debtor has no outstanding obligations, but rather as a consequence of the opening of the bankruptcy procedure, concludes Fina’s appeal.

Fina’s appeal states that the Evangelical Church still had outstanding obligations on July 27, the day before the conclusion of the bankruptcy, in an uninterrupted period of 329 days and compensation to Fina for the enforcement procedure.