Pankrotiseadus (PankrS)

§ 1. Definition of bankruptcy

(1) Bankruptcy means the insolvency of a debtor declared by a court ruling.

(2) A debtor is insolvent if the debtor is unable to satisfy the claim of a creditor that has fallen due and such inability, due to the debtor's financial situation, is not temporary.

(3) A debtor who is a legal person is insolvent also if the assets of the debtor are insufficient for covering the obligations thereof and, due to the debtor's financial situation, such insufficiency is not temporary. Claims that have not fallen due are also regarded as obligations.

(4) Upon death of a debtor, an estate is regarded to be insolvent in bankruptcy proceedings regarding an estate if the obligations specified in clause 1 of subsection 1 of § 142 of the Law of Succession Act and the claims of creditors of the bequeather cannot be satisfied out of the estate and such inability is not temporary. The claims specified in clause 3 of subsection 1 of § 142 of the Law of Succession Act shall not be taken into account upon evaluating the insolvency of an estate.

§ 2. Objectives of bankruptcy procedure

In a bankruptcy procedure, the claims of the creditors are satisfied out of the assets of the debtor pursuant to the procedure prescribed in this Act by transferring the assets of the debtor or rehabilitating the undertaking thereof. A debtor who is a natural person, regardless of whether he or she is a sole proprietor, is given the opportunity to be released from his or her obligations through bankruptcy proceedings. In the course of bankruptcy proceedings the cause of the insolvency of the debtor shall be ascertained.

§ 3. Bankruptcy procedure

(1) Bankruptcy proceedings are effected as judicial and extra-judicial proceedings.

(2) The provisions of the Code of Civil Procedure apply to bankruptcy procedure unless otherwise provided by this Act. Disputes over recovery of assets and contestation of the decisions of the general meeting of creditors take place in actions. The appointment of an interim trustee, the declaration of bankruptcy, the acceptance of claims and other matters relating to bankruptcy proceedings shall be adjudicated in proceedings on petition unless law provides that they shall be adjudicated by way of actions.

(3) A court hearing a bankruptcy matter shall, at its own initiative, as of the filing of the bankruptcy petition until the end of the bankruptcy proceedings, take measures to ascertain the facts relevant to the bankruptcy proceedings and organise collection of the evidence necessary for the ascertaining of the facts unless otherwise provided by law.

(4) In the cases provided for in this Act, the acts provided for in the Code of Enforcement Procedure shall be performed by an interim trustee or trustee who has the rights and obligations of an enforcement agent.

(5) The declaration of bankruptcy of a debtor who is a natural person is decided by a court on the basis of the insolvency petition filed in accordance with the provisions of the Natural Person Insolvency Act.

§ 4. Competence and jurisdiction of courts

(1) The hearing of bankruptcy matters is within the competence of county courts.

(2) The insolvency petition of a debtor who is a natural person shall be filed with a court in accordance with the provisions of § 5 of the Natural Person Insolvency Act. If the seat of a debtor who is a legal person is in Harju county, the bankruptcy petition shall be filed with Harju County Court. In other cases the bankruptcy petition of a debtor who is a legal person shall be filed with Tartu County Court. It is presumed that the seat indicated in the register one year before the filing of a bankruptcy petition is the seat of the debtor unless it is proved that the seat of the debtor is elsewhere.

(2¹) If a debtor dies after the filing of an insolvency petition, the bankruptcy proceedings regarding an estate conducted in respect of the debtor's estate shall continue at the court with which the insolvency petition was filed in accordance with § 5 of the Natural Person Insolvency Act.

(2²) Upon death of a debtor, the bankruptcy petition of an estate shall be filed in respect of the estate of the debtor with the court of the residence at the time of death of the debtor who died.

(3) If several different bankruptcy petitions are filed with regard to one debtor, the petitions shall be joined for one procedure and heard by the court with whom the first bankruptcy petition is filed.

(4) If in connection with bankruptcy proceedings concerning a debtor who is a legal person declaration of bankruptcy is also requested with regard to a partner or member who is liable for the obligations of the legal person with his or her assets, the bankruptcy petition may be filed also with the court hearing the bankruptcy petition filed against the legal person.

(5) Disputes relating to the acceptance of claims, including claims governed by public law, in bankruptcy proceedings are within the competence of the county court hearing the bankruptcy matter.

§ 4¹. Entry into force of rulings

A ruling by which bankruptcy is declared is effective and subject to execution as of making the ruling public. A ruling by which a bankruptcy petition is dismissed as well as a ruling by which a petition shall not be heard or the proceedings shall be terminated is effective and subject to execution as of entry into force of the ruling.

§ 5. Appeals against rulings

(1) An appeal may be filed against a court ruling made in bankruptcy proceedings in the cases prescribed by this Act.

(2) Appeals may be filed against a circuit court ruling on an appeal against a ruling only if this is prescribed by this Act.

(3) Filing of an appeal against a ruling shall not suspend compliance with the ruling unless otherwise provided by law.

(4) A ruling of a circuit court concerning an appeal against a ruling is effective and subject to execution as of its entry into force in accordance with the provisions of subsection 3 of § 466 of the Code of Civil Procedure unless the circuit court decides that its ruling is subject to immediate execution.

§ 6. Specifications concerning sending of notices and delivery of procedural documents

(1) If a notice or procedural document is to be delivered by means of public delivery, the document is deemed to be delivered within five days as of its publication in the official publication Ametlikud Teadaanded.

(2) A court hearing a bankruptcy matter may assign the trustee with the duty of sending notices or delivering procedural documents.

(3) A court may deem a procedural document to have been delivered after five days as of its posting at the address of the recipient even if the parcel is returned. A court may set a longer term for deeming a document to have been delivered.

§ 7. Publication of notices

(1) If this Act prescribes publication of a notice or procedural document, the notice or procedural document shall be published in the official publication Ametlikud Teadaanded.

(2) A notice or procedural document may be published as an extract.

(3) A court hearing a bankruptcy matter may publish a notice or procedural document several times. A repeated notice shall indicate the date of the publication of the first notice.

§ 8. Bankrupt and creditor in bankruptcy proceedings

(1) A bankrupt (debtor) is a natural or legal person with respect to whom a court has declared bankruptcy.

(2) Any natural or legal person may be bankrupt unless otherwise provided by law. The state or a local government cannot be bankrupt.

(3) A creditor in bankruptcy proceedings (creditor) is a person who has a financial claim against the debtor which has arisen before the declaration of the bankruptcy.

§ 8¹. Bankruptcy proceedings regarding estate

(1) Upon death of a debtor, bankruptcy proceedings regarding an estate shall be conducted in respect of the estate of the debtor.

(2) A successor of a debtor is regarded as a participant in the proceedings both in hearing a bankruptcy petition and in the bankruptcy proceedings regarding an estate.

(3) In the bankruptcy proceedings regarding an estate, the provisions of this Act concerning debtors apply to a successor of the debtor to the extent to which the provisions are not inseparably bound to the person of the debtor or the estate of the debtor by their nature.

(4) Measures for securing a bankruptcy application are not applied to a successor of a debtor unless otherwise provided by this Act. The provisions of §§ 88, 89 and 91 of this Act do not apply to a successor of a debtor.

(5) In addition to the creditors specified in subsection 3 of § 8 of this Act, a creditor in the bankruptcy proceedings regarding an estate is also a person who has a proprietary claim in respect of the estate which has arisen before the declaration of bankruptcy and regarding which a successor of the debtor is an obligated person.

(6) Upon initiation of bankruptcy proceedings regarding an estate, the rights and obligations between a debtor and a successor of the debtor which can transfer to the successor in accordance with subsection 1 of § 130 of the Law of Succession Act shall not be deemed to be terminated due to consolidation of the obligations upon opening of the succession.

(7) If a debtor dies after the filing of an insolvency petition in respect of the debtor, such petition shall be regarded as the bankruptcy petition of an estate. If a debtor dies after the declaration of bankruptcy of the debtor, the proceedings shall continue as the bankruptcy proceedings regarding an estate conducted in respect of the estate of the debtor.

(8) If succession has not been accepted, a successor is not known or it is not known whether a successor accepts the succession, the court may designate a temporary representative for the successor. A representative shall not be designated if the estate is administered by the administrator or the executor of the will.

(9) If a debtor dies after the filing of an insolvency petition in respect of the debtor, the trusted practitioner or the trustee in bankruptcy shall submit an application to a notary for commencement of succession proceedings if necessary.

§ 9. Bankruptcy petitioner

(1) A bankruptcy petition may be filed by the debtor or a creditor.

(2) In the event of the death of a debtor, a bankruptcy petition with respect to the debtor's property may also be filed by a successor of the debtor, the executor of the will of the debtor or the administrator of the estate of the debtor. In such case, the provisions concerning bankruptcy petitions of debtors apply to the bankruptcy petition as appropriate.

(3) In the cases provided by law, persons not specified in subsection 1 or 2 of this section may also file bankruptcy petitions. In such case, the provisions concerning creditors apply to the persons as appropriate unless otherwise provided by law.

§ 10. Bankruptcy petition of creditor

(1) The bankruptcy petition of a creditor shall substantiate the debtor's insolvency and prove the existence of a claim.

(2) The creditor shall substantiate the insolvency of the debtor by relying, inter alia, on at least one of the following circumstances:

1) the debtor has failed to perform an obligation within thirty days after the obligation has fallen due and the creditor has cautioned the debtor in writing of the creditor's intention to file a bankruptcy petition (bankruptcy caution) and the debtor has thereafter failed to perform the obligation within ten days;

2) it has not been possible within a period of three months to satisfy a claim in execution proceedings conducted with respect to the debtor due to lack of assets or it has become evident in the execution proceedings that the assets of the debtor are insufficient for performing all the obligations thereof;

3) the debtor has destroyed, hidden or squandered the debtor's property or made grave errors in management as a result of which the debtor has become insolvent, or has intentionally caused the insolvency of the debtor in any other manner;

4) the debtor has notified the creditor, the court or the public of the inability of the debtor to perform the obligations thereof;

5) the debtor has left Estonia in order to evade performance of the obligations thereof or hides with the same purpose.

(3) A bankruptcy petition may be filed under the circumstances specified in clause 1 of subsection 2 of this section by a creditor whose claim has fallen due. A creditor may file a bankruptcy petition under the circumstances specified in clauses 2–5 of subsection 2 of this section regardless of whether the claim of the creditor has fallen due.

(3¹) A person who wishes to file a bankruptcy petition with respect to estate shall file a bankruptcy caution with the successor, executor of the will or administrator of the estate.

(4) The petitioning creditor shall file proof of the amount and basis of and the term for satisfaction of the claim of the creditor.

(5) If a court decision or arbitral award concerning a claim has entered into force, the creditor need not file any other proof concerning the claim.

(6) A creditor who files a bankruptcy petition although the creditor knows or should know that there is no basis for filing the petition shall compensate the debtor for the damage arising from the petition.

(7) If a creditor wants the bankruptcy petition to be heard in a court session, the creditor shall so indicate in the bankruptcy petition. Otherwise the creditor is deemed to agree to adjudication of the matter by way of written proceedings.

§ 11. Deposit for remuneration and expenses of interim trustee

(1) A court may, by a ruling, require a petitioning creditor to pay an amount of money specified by the court to the prescribed account as a deposit in order to cover the remuneration and expenses of the interim trustee if there is reason to presume that the bankruptcy estate is not sufficient to cover the expenses. The petitioning creditor may file an appeal against such ruling.

(1¹) In the case of a debtor who is a legal person, the creditor who makes the payment specified in subsection 1 of this section has the right to claim reimbursement of the amount paid as a deposit in accordance with the provisions of subsection 3 of § 30 of this Act.

(1²) If the proceedings on a bankruptcy petition are terminated on the basis specified in subsection 1 or 2 of § 29 of this Act, the creditor is entitled, in the circumstances specified in subsection 1¹ of this section, to submit a petition to the court and claim reimbursement of the amount paid to the court as a deposit from the persons who failed to submit the bankruptcy petition on time through violation of their obligations. The person regarding whom the petition is submitted shall, in the event of a dispute, prove that the person has not violated the obligations thereof by not filing the bankruptcy petition on time. If a bankruptcy petition is filed by a creditor, it is presumed that the person against whom a claim is filed has failed to perform the obligation thereof in due time.

(1³) A court shall adjudicate the petition specified in subsection 1² of this section by a ruling specified in subsection 1 or 2 of § 29 of this Act. An appeal against the ruling may be filed by the person who paid the deposit to cover the remuneration and expenses of the interim trustee and by the person who was ordered to pay the amount paid as a deposit.

(2) The amount paid to the prescribed account as a deposit shall be returned to the person who has made the payment in accordance with the provisions of clause 4 of subsection 1 of § 146 and clause 6 of subsection 1 of § 150 of this Act. If a person obliged to file a bankruptcy petition was ordered to pay the deposit to cover the costs of the bankruptcy proceedings on the basis of subsection 1¹ of this section and the person fulfilled the claim, the amount paid as a deposit shall be returned to such person.

§ 12. Delivery of creditor's bankruptcy petition to debtor

(1) A court with whom a creditor files a bankruptcy petition shall organise the delivery of the petition to the debtor.

(1¹) If a bankruptcy petition is filed in respect of an estate, it shall be delivered to a successor of the debtor, the executor of the will, the administrator of the estate or the temporary representative specified in subsection 8 of § 8¹ of this Act.

(2) A notice on the delivery of a bankruptcy petition shall set out the term during which the debtor has the right to file an objection with regard to the creditor's bankruptcy petition and notify the court whether the debtor wants the bankruptcy petition to be heard in a court session. If the debtor fails to notify the court, the debtor is deemed to agree to adjudication of the matter by way of written proceedings.

§ 13. Debtor's bankruptcy petition and list of debts

(1) A debtor shall substantiate the insolvency thereof in the bankruptcy petition.

(2) A debtor shall substantiate the insolvency thereof by annexing an explanation concerning the cause of the insolvency and a list of the debts to the bankruptcy petition. The list of the debts shall set out the names and seats or residences of the creditors of the debtor, the claims of the creditors and information concerning the assets of the debtor. The debtor shall sign the explanation and the list of the debts.

(2¹) In the bankruptcy proceedings regarding an estate, the information specified in subsection 2 of this section shall be filed regarding the estate. If an inventory of the estate has been made and an inventory of the estate has been prepared, it shall be enclosed with the bankruptcy petition.

(3) A debtor's obligation to file a bankruptcy petition may be provided by law.

(4) Any member of the management board or the management body substituting for the management board of a debtor who is a legal person may file a bankruptcy petition on behalf of the debtor even if the member does not have the right to represent the legal person alone. A partner in a general partnership or a general partner in a limited partnership may file a bankruptcy petition even if the partner or general partner does not have the right to represent the partnership or the right to represent the partnership alone.

(5) If a debtor wants the bankruptcy petition to be heard in a court session, the debtor shall so indicate in the bankruptcy petition. Otherwise the debtor is deemed to agree to adjudication of the matter by way of written proceedings.

§ 14. Refusal to accept bankruptcy petition

(1) A court refuses, by a ruling, to accept a bankruptcy petition if:

1) it is not evident from the bankruptcy petition of the creditor that the petitioner has a claim against the debtor;

2) the bankruptcy petition of the creditor does not substantiate the insolvency of the debtor;

3) other bases provided for in the Code of Civil Procedure exist;

4) the bankruptcy petition of the creditor is based on a claim to which a reorganisation plan applies.

(2) An appeal may be filed against a ruling by which acceptance of a bankruptcy petition is refused.

§ 15. Appointment of interim trustee

(1) After accepting a bankruptcy petition, the court shall decide on the appointment of an interim trustee within ten days and make a ruling on the decision. If appointment of an interim trustee is decided in a preliminary hearing, the court shall decide on the time of the hearing within ten days after the receipt of the bankruptcy petition and shall deliver the summonses. In such case the court shall decide on the appointment of an interim trustee within 20 days after the receipt of the bankruptcy petition.

(2¹) If a successor of a debtor, the executor of the will or the administrator of the estate submits a bankruptcy petition, the court may refuse to appoint an interim trustee taking into account the value of the estate and may, within ten days after the receipt of the bankruptcy petition, declare bankruptcy or terminate proceedings by abatement without declaring bankruptcy. If an inventory of the estate has been made and an inventory of the estate has been prepared, it is presumed that there is no need to appoint an interim trustee.

(3) A court refuses to appoint an interim trustee on the basis of a bankruptcy petition of a creditor if:

1) the debtor objects to the claim on a reasoned basis and the court finds that the dispute over the claim must be adjudicated outside bankruptcy proceedings;

2) the claim is entirely secured by a pledge;

3) the total amount of the claims which are the basis for the bankruptcy petition of the creditor does not exceed 12,500 euros in the case of a public limited company, 2500 euros in the case of a private limited company, general partnership or limited partnership and other legal persons or 1000 euros in the case of a natural person; except if unsuccessful execution proceedings have been conducted with respect to the abovementioned claims within one year before filing of the bankruptcy petition;

4) the creditor has failed to substantiate the bankruptcy petition sufficiently or prove the existence of the claim;

5) the creditor has failed to pay the amount of money specified in § 11 of this Act although the court has required payment of the amount before the appointment of an interim trustee;

6) the debtor or a third person has, before the appointment of an interim trustee, performed the obligation on which the bankruptcy petition is based or provided sufficient security for the performance of the obligation;

7) other bases provided by law exist.

(4) If a reorganisation application has been submitted, the court shall postpone making a decision concerning the appointment of an interim trustee until a decision is made on the approval of the reorganisation plan.

(4¹) If an employee has filed a bankruptcy petition against the employer on the basis of a claim arising from the labour law relationship and the court has demanded from the employee payment of the amount of money specified in § 11 of this Act and the basis for refusal to appoint an interim trustee is, inter alia, clause 5 of subsection 3 of this section, the court shall, if the employee has sufficiently substantiated the bankruptcy petition and evidenced the existence of his or her claim, make a ruling on refusal to appoint an interim trustee, where it shall evaluate whether the employee has sufficiently substantiated the bankruptcy petition and evidenced the existence of his or her claim and specify the facts in proof of insufficiency of the bankruptcy estate for covering the costs of the bankruptcy proceedings.

(5) A bankruptcy petitioner may file an appeal against the ruling by which appointment of an interim trustee is refused.

(6) If a court refuses to appoint an interim trustee on the basis of a bankruptcy petition of a creditor, the procedural expenses relating to the hearing of the petition shall be borne by the petitioner.

(7) If the court does not appoint an interim trustee, the proceedings shall not be conducted any further and the proceedings terminate.

§ 17. Court activities in preparation of bankruptcy matter

(1) Upon appointment of an interim trustee, a court shall schedule the time of the court session for the hearing of the bankruptcy petition if the court deems it necessary or if requested by the debtor, creditor or interim trustee. If the court does not organise a court session, the court hears the bankruptcy petition in written proceedings and if necessary sets the term provided in subsection 4 of § 22 of this Act.

(2) A court may publish a notice concerning the time and place of the hearing of a bankruptcy petition in the official publication Ametlikud Teadaanded.

(3) Upon appointment of an interim trustee, a court shall stay compulsory enforcement in respect of the debtor's property. In justified cases, the court may decide on the continuation of enforcement proceedings or enforcement acts.

(4) Any claimed amounts or the amounts received from the sale of property are deposited in the official account of the enforcement agent until the declaration of bankruptcy. No payments shall be made to claimants. When bankruptcy is declared, the claimed amounts are transferred to the bankruptcy estate. Prior to making a transfer, the enforcement agent shall withhold the enforcement agent's fee and enforcement costs from the claimed amounts in accordance with the provisions of the Code of Enforcement Procedure and the Enforcement Agents Act. An trustee may file a complaint with the enforcement agent about a decision of the enforcement agent on ordering payment of the enforcement agent’s fee and enforcement costs pursuant to the procedure provided in the Code of Enforcement Procedure.

§ 18. Measures for securing bankruptcy petitions

(1) In order to secure a bankruptcy petition, a court may apply all the measures prescribed for securing an action, prohibit the debtor from departing from his or her residence pursuant to the provisions of § 88 of this Act or impose a fine, apply compelled attendance or arrest with regard to the debtor pursuant to the provisions of § 89 of this Act.

(2) The measures for securing an action which were applied before deciding on the appointment of an interim trustee remain valid if an interim trustee is appointed unless the court decides otherwise.

(3) An interim trustee shall execute a ruling on the securing of a bankruptcy petition pursuant to the procedure provided for in the Code of Enforcement Procedure.

(4) A person whose rights are restricted by a ruling by which a bankruptcy petition is secured may file an appeal against such ruling.

(5) The application of measures for securing a bankruptcy petition does not affect:

1) the application of the netting upon termination of transfer rights or obligations or payment rights or obligations arising from qualifying financial transactions provided in § 229³ of the Securities Market Act or upon acceleration of the performance of such obligations (hereinafter close-out netting) in accordance with the terms of the netting agreement or financial collateral agreement;

2) the exercise of rights or performance of obligations arising from a financial collateral agreement or from a collateral agreement securing a netting agreement specified in subsection 1 of § 229⁴ of the Securities Market Act or a qualifying financial transaction covered by such agreement in accordance with the terms of the collateral agreement;

3) the netting performed through a settlement system or linked system provided in the Payment and Settlement Systems Act.

§ 19. Application of prohibition on departing from residence to debtors who are legal persons

(1) If a debtor is a legal person, a prohibition on departing from the residence may, in order to secure a bankruptcy petition, be applied with respect to the members of the management body, liquidators, partners in a general partnership, general partners in a limited partnership, shareholders with a holding of at least one-tenth of the shares, procurators, or persons responsible for accounting.

(2) In the case of a debtor who is a legal person, a member of the management body, liquidator, a general partner with the right to manage the general partnership or limited partnership, procurator or a person responsible for accounting may be detained and arrested in order to secure a bankruptcy petition.

(3) A fine may be imposed or a prohibition on departing from residence may be applied to a member of the management body, a liquidator, procurator or a person responsible for the accounting of a debtor who is a legal person, or he or she may be arrested, even if he or she was released from his or her duties within three years before the appointment of an interim trustee.

§ 20. Restraint on disposition

(1) A court may prohibit a debtor from disposing of assets without the consent of the interim trustee. A restraint on disposition may be applied with regard to all or part of the assets.

(2) In the event of application of a restraint on disposition, subsections 2–4¹ and 6 of § 36 of this Act apply accordingly.

(3) If a restraint on disposition is applied, the court proceedings which have commenced before the application of the restraint and in which the debtor participates as the plaintiff or the defendant shall be suspended if the court proceedings concern the assets of the debtor which in the event of declaration of bankruptcy would be included in the bankruptcy estate. The court proceedings shall be suspended until the adjudication of the bankruptcy petition.

(4) A court may prohibit a successor of a debtor from disposing of the estate without the consent of the interim trustee. A restraint on disposition may be applied with regard to all or part of the assets. Subsection 3 of this section does not apply to a successor of a debtor.

§ 21. Publication of restraint on disposition

(1) A ruling by which a restraint on disposition specified in subsection 1 of § 20 of this Act is applied shall be published in the official publication Ametlikud Teadaanded. The ruling shall be sent to the debtor and the interim trustee.

(2) If a debtor is entered in the commercial register or the non-profit associations and foundations register, a court shall immediately send a copy of the ruling specified in subsection 1 of this section to the registration department of Tartu County Court.

(3) The provisions of §§ 40 and 41 of this Act, respectively, apply to the entry of a restraint on disposition in the land register, ship register or the register maintained by a central securities depository (hereinafter securities register).

(4) The provisions of subsections 1–3 of this section, respectively, apply also to cancellation of a restraint on disposition.

§ 22. Interim trustee in bankruptcy

(1) A court appoints an interim trustee in bankruptcy (interim trustee) taking into account the provisions of § 56 of this Act.

(2) An interim trustee shall:

1) determine the assets of the debtor, including the obligations thereof, and verify whether the debtor's assets are sufficient to cover the costs of the bankruptcy proceedings;

1¹) ascertain the execution proceedings concerning the assets of the debtor;

2) assess the financial situation and solvency of the debtor and the prospect of continuation of the activities of the enterprise of the debtor and, if the debtor is a legal person, of the rehabilitation of the debtor;

3) ensure preservation of the debtor's assets;

4) give or refuse consent to the disposal of the debtor's assets if the court has prohibited the debtor from disposing of the assets thereof without the consent of the interim trustee;

4¹) prepare the trustee's file pursuant to the procedure established on the basis of subsection 1 of § 60 of this Act;

4²) notify the known creditors of the possibility to deposit money for covering the costs of bankruptcy proceedings pursuant to § 30 of this Act in the case specified in subsection 1 of § 29;

5) perform other duties which the court assigns to him or her during the bankruptcy proceedings.

(3) In order to perform the duties specified in subsection 2 of this section, an interim trustee has the right to:

1) obtain necessary information and documents from the debtor, especially those concerning the assets and obligations of the debtor;

2) have access to the plots of land in the possession of the debtor and the premises used for the business or professional activities of the debtor;

3) enter the dwelling of the debtor if he or she is a natural person;

4) obtain information and documents from the state and local government agencies, credit institutions, and other persons, necessary for determining the financial status of the debtor.

(4) If a debtor is an accounting entity, the debtor is required to submit the annual report for the previous financial year together with an overview of the financial position, financial performance and cash flows of the debtor as at the date of appointment of an interim trustee to the interim trustee at the request thereof. The report shall be submitted not later than five days before the court session where the bankruptcy petition is heard. The report and overview specified in this subsection shall be submitted to the court and if the bankruptcy petition is heard in written proceedings to the interim trustee by the date determined by the court taking into account the terms specified in subsections 1 and 2 of § 27 of this Act.

(5) An interim trustee shall submit a written report on the performance of the duties specified in subsection 2 of this section and an opinion on the causes of the insolvency of the debtor to the court. The opinion submitted by the interim trustee shall set out whether the cause of the insolvency is an act with criminal elements, a grave error in management, or other circumstances.

(6) A debtor and the petitioning creditor may file appeals against appointment of an interim trustee if a person who does not comply with the requirements provided for in subsections 1, 3 or 4 of § 56 has been appointed interim trustee. If the court annuls the appointment of the person as an interim trustee, the court shall appoint a new interim trustee who shall continue performance of the duties of an interim trustee. This shall not affect the validity of the acts performed by or with respect of the former interim trustee.

§ 23. Remuneration of interim trustee

(1) An interim trustee has the right to receive remuneration in the amount determined by the court for the performance of his or her duties and demand reimbursement of the necessary expenses which are incurred in the performance of his or her duties and are not covered by the remuneration. The court determines the amount of the remuneration taking into consideration the volume and complexity of the duties of the interim trustee and his or her professional skills. The court shall verify whether the expenses incurred in the performance of the duties of the interim trustee were justified and shall approve the amount of the necessary and justified expenses.

(2) The amount of the remuneration shall be calculated on the basis of the time needed for the performance of the duties. The remuneration of an interim trustee shall also cover the general costs relating to the activities of the trustee, including the maintenance costs of the office, communications costs and domestic travel costs. An interim trustee shall submit information on working time and an application for reimbursement of the expenses which are not covered by the remuneration of the interim trustee together with a report specified in subsection 5 of § 22 of this Act to the court. A trustee shall indicate the amount, the cause or the basis and the time of the incurrence of expenses in the application for reimbursement of the expenses.

(3) The maximum hourly wage of an interim trustee is the amount corresponding to one-fifths of the minimum monthly wage established on the basis of subsection 5 of § 29 of the Employment Contracts Act. In adding taxes to the remuneration of an interim trustee, the provisions of subsection 1¹ of § 65 of this Act apply.

(4) If proceedings commenced on the basis of a petition of the debtor are terminated by abatement without declaration of bankruptcy and the assets of the debtor are insufficient to make the required payments, the court shall order the remuneration of an interim trustee payable and the expenses subject to reimbursement to be paid by the debtor but may order reimbursement thereof from the state funds. The amount of the remuneration and expenses of an interim trustee reimbursed from the state funds shall not exceed the minimum monthly wage established on the basis of subsection 5 of § 29 of the Employment Contracts Act at the time of ordering payment (including the taxes prescribed by law, except value added tax).

(4¹) The court shall order reimbursement of the remuneration and expenses of an interim trustee even if the person who has filed the bankruptcy petition withdraws the petition after appointment of an interim trustee but before the hearing of the bankruptcy petition by the court.

(5) The court shall not order reimbursement of the remuneration and the expenses of an interim trustee from state funds if the debtor, a creditor or a third person has paid the amount ordered by the court to cover the remuneration of the interim trustee and the expenses subject to reimbursement to the prescribed account as a deposit.

(5¹) The rate of remuneration of an interim trustee and the amount of expenses to be reimbursed from the state funds as prescribed by subsection 4 of this section and the procedure for reimbursement shall be established by a regulation of the minister in charge of the policy sector.

(6) The court may order the remuneration of an interim trustee and the expenses subject to be reimbursed to be paid to the office through which the interim trustee operates.

(7) A debtor, the bankruptcy petitioner, the person who has paid a deposit to avoid abatement of the bankruptcy proceedings and the interim trustee may file an appeal against a court ruling on the remuneration of the interim trustee and reimbursement of his or her expenses.

§ 24. Liability of interim trustee

(1) An interim trustee shall be liable for the damage wrongfully caused to a debtor or creditor through violation of the obligations of the interim trustee.

(2) The limitation period for a claim filed against an interim trustee on the basis of subsection 1 of this section is three years as of the date of termination of the activities of the interim trustee.

§ 25. Participants in proceedings for hearing of bankruptcy petition, and summoning to court

(1) In the hearing of a bankruptcy petition by the court, the petitioning creditor and the debtor shall be the participants in the proceedings.

(2) If a court session is organised for hearing a bankruptcy petition, the court shall summon the participants in the proceedings and the interim trustee to the court session.

§ 26. Consequences of failure of participant in proceedings to appear

(1) If a court has scheduled a court session for hearing a bankruptcy petition and the petitioning creditor fails to appear at the court session, the court may refuse to hear the bankruptcy petition.

(2) If a court has scheduled a court session for hearing a bankruptcy petition and the debtor fails to appear at the court session, the court may hear the bankruptcy petition in the absence of the debtor or apply compelled attendance with regard to the debtor.

(4) Appeals may be filed against a ruling on refusal to hear a bankruptcy petition.

§ 27. Hearing of bankruptcy petition

(1) A court shall hear the bankruptcy petition of a debtor within ten days or, with good reason, within 30 days after appointment of an interim trustee.

(2) A court shall hear the bankruptcy petition of a creditor within 30 days or, with good reason, within two months after appointment of an interim trustee.

(3) Processing of a bankruptcy petition shall not be suspended.

(4) If a court, after appointment of an interim trustee, requires a creditor to pay the amount of money specified in § 11 of this Act but the creditor fails to do so, the court shall refuse to hear the bankruptcy petition.

(4¹) If an employee has filed a bankruptcy petition against the employer on the basis of a claim arising from the labour law relationship and the court, after appointment of an interim trustee, requires the employee to pay the amount of money specified in § 11 of this Act, but the employee fails to do this, the court shall, if the employee has sufficiently substantiated the bankruptcy petition and evidenced the existence of his or her claim, make a ruling on refusal to hear the bankruptcy petition where it evaluates whether the employee has sufficiently substantiated the bankruptcy petition and evidenced the existence of his or her claim and specifies the facts in proof of insufficiency of the bankruptcy estate for covering the costs of the bankruptcy proceedings.

(4²) If a court finds upon hearing the bankruptcy petition of a debtor that that the debtor is not insolvent and the prerequisites for the initiation of reorganisation proceedings have been fulfilled, the court makes a proposal to the debtor to initiate reorganisation proceedings in respect of the debtor. If the debtor agrees, the bankruptcy petition shall be regarded as a reorganisation petition. In such case the court denies the bankruptcy petition and seeks resolution of the reorganisation petition.

(4³) The provisions of subsection 4² of this section also apply to the bankruptcy petition of a debtor where the debtor and the creditor who has filed the petition agree with the proposal of the court.

(5) After hearing a bankruptcy petition, a court shall declare bankruptcy, dismiss the petition or terminate the proceedings by abatement on the basis specified in § 29 of this Act. If a court dismisses a bankruptcy petition and has previously published notices in the same bankruptcy matter in the official publication Ametlikud Teadaanded, the court shall publish a notice on dismissing the bankruptcy petition in the official publication Ametlikud Teadaanded.

§ 28. Criminal offence and grave error in management

(1) If it becomes evident that the debtor has committed an act with criminal elements due to becoming insolvent, the trustee or the court shall give notification thereof to the prosecutor or the police for deciding on the commencement of criminal proceedings. The notification shall not be based on the information the use of which as evidence would be excluded in accordance with subsection 4 of § 85 of this Act.

(1¹) The trustee is required to forward the information specified in subsection 1 of this section to the person who has granted European Union funds or funds of other foreign aid at the request thereof.

(2) If it becomes evident in bankruptcy proceedings that the cause of the insolvency of the debtor is a grave error in management, the court shall indicate such error in the court decision. Intentional violation of the obligations of a debtor who is a natural person or of a member of a management body of a debtor who is a legal person or violation of such obligations through gross negligence is deemed to be a grave error in management.

§ 29. Abatement of bankruptcy proceedings without declaration of bankruptcy

(1) A court shall terminate proceedings by abatement by a ruling without declaring bankruptcy regardless of the insolvency of the debtor if the debtor's assets are insufficient for covering the costs of the bankruptcy proceedings and it is impossible to recover or reclaim the assets, as well as submit a claim against a member of a directing body. By this, the debtor who is a legal person is deemed dissolved.

(2) A court may terminate proceedings by abatement without declaring bankruptcy regardless of the insolvency of the debtor also if the assets of the debtor consist primarily in claims for recovery or claims against third persons and satisfaction of these claims is unlikely.

(3) A court shall not terminate proceedings by abatement on the basis provided for in subsection 1 or 2 of this section if the debtor, a creditor or a third person pays the amount ordered by the court for covering the costs of the bankruptcy proceedings to the prescribed account as a deposit or if the court satisfies the application of the Insolvency Division for conducting bankruptcy proceedings of a debtor who is a legal person by public investigation.

(4) A court shall publish a notice concerning termination of proceedings by abatement in the official publication Ametlikud Teadaanded.

(5) If proceedings are terminated on the basis provided for in subsection 1 or 2 of this section, the interim trustee is required to submit to the Unemployment Insurance Fund the application provided for in the Unemployment Insurance Act for payment of compensation to employees of the debtor for the unpaid wages and holiday pay and the compensation which was not paid upon termination of employment contracts.

(6) A debtor and the petitioning creditor may file appeals against the ruling specified in subsection 1 or 2 of this section. Appeals may be filed against the circuit court ruling on the appeal against the ruling.

(7) If a creditor who has not filed a bankruptcy petition files an appeal against the ruling specified in subsection 1 or 2 of this section, the term for filing the appeal commences as of the publication of the notice specified in subsection 4 of this section. Only a creditor who has filed an appeal against a ruling of a county court may file an appeal against the circuit court ruling on the appeal against the ruling.

(7¹) An appeal may be filed against the ruling specified in subsection 1 or 2 of this section also by a person regarding whom a petition was submitted under subsection 1² of § 11 of this Act.

(8) If bankruptcy proceedings of a debtor who is a legal person are terminated by abatement, the interim trustee shall liquidate the legal person within two months after entry into force of the ruling on termination of the proceedings without liquidation proceedings and submit an application for deletion of the legal person from the register. The interim trustee shall confirm in the application for deletion of the debtor from the register that there are no hindrances to the deletion from the register. If, upon the abatement of bankruptcy proceedings, the debtor has any assets, first the remuneration of the interim trustee shall be paid and the necessary expenses shall be covered therefrom. At the request of an entitled person the court may extend the term specified in the first sentence of this subsection for up to six months. Upon the extension of the term the court shall determine an amount which must be paid by the person filing the petition to cover the remuneration of the interim trustee acting in the capacity of the liquidator and the liquidation expenses and which shall not exceed 396.25 euros.

(8¹) If proceedings on a bankruptcy petition filed regarding an estate are terminated on the basis provided in subsection 1 or 2 of this section and the estate includes any assets, first the remuneration of the interim trustee shall be paid and the necessary expenses shall be covered and the remuneration of the temporary representative specified in subsection 8 of § 8¹ of this Act shall be paid therefrom. Thereafter, a successor of the debtor shall make payments out of the estate to satisfy the claims related to the estate in the order specified in § 142 of the Law of Succession Act.

(8²) If a court has refused to appoint an interim trustee in accordance with subsection 2¹ of § 15 of this Act, a successor of the debtor shall, in the situation where the proceedings on a bankruptcy petition filed regarding an estate are terminated on the basis provided in subsection 1 or 2 of this section and the estate includes any assets, pay the remuneration of the interim trustee specified in subsection 8 of § 8¹ of this Act and thereafter shall make payments out of the estate to satisfy the claims related to the estate in the order specified in § 142 of the Law of Succession Act.

(9) If, in case of a private limited company that has been founded without any contributions, the court terminates the proceedings pursuant to this section due to abatement without declaration of bankruptcy and the court has ordered the remuneration and expenses of the interim trustee to be paid by the bankrupt, the interim trustee has the right to require a shareholder of the private limited company who has failed to perform the obligation of making a contribution, to reimburse the remuneration and the expenses to the extent of the contribution which has not been made if the other assets of the debtor are not sufficient for satisfying the claim of the interim trustee.

(9¹) Where the share capital of a private limited company is less than 2,500 euros and the other assets of the debtor are not sufficient for satisfying the claim of the interim trustee, the interim trustee has the right to require reimbursement of the remuneration and expenses from a shareholder of the private limited company to the extent of the difference between the share capital of the private limited company and 2500 euros.

(10) If an interim trustee requires reimbursement of the remuneration and expenses on the basis of subsection 9 or 9¹ of this section, he or she shall submit a corresponding petition to the court. The court shall adjudicate the petition by a ruling, if possible simultaneously with termination of the proceedings due to abatement without declaring bankruptcy. An appeal may be filed against the ruling by the interim trustee and by the shareholder of the private limited company against whom the claim for reimbursement of the remuneration and expenses of the interim trustee was filed.

§ 30. Deposit for costs of bankruptcy proceedings

(1) If the debtor's assets are insufficient for covering the costs of the bankruptcy proceedings, the court shall, in order to avoid abatement of the proceedings, determine the amount payable for covering the costs of the bankruptcy proceedings to the prescribed account as a deposit and the term for the payment thereof.

(2) A court shall notify of the possibility to deposit money for covering the costs of the bankruptcy proceedings to the prescribed account as a deposit in the official publication Ametlikud Teadaanded.

(3) In the case of a debtor who is a legal person, the person who makes the payment specified in subsection 1 of this section upon declaration of bankruptcy has the right to claim reimbursement of the amount paid as a deposit from persons who failed to submit the bankruptcy petition on time through violation of their obligations by submitting a corresponding petition to the court. The court shall order the persons obliged to file a bankruptcy petition to pay the amount paid as a deposit, unless the person against whom the claim was filed proves that he or she has not breached his or her obligations by failure to file a bankruptcy petition in due time. If a bankruptcy petition is filed by a creditor, it is presumed that the person against whom a claim is filed has failed to perform the obligation thereof in due time.

(3¹) A court shall adjudicate the petition specified in subsection 3 of this section by a ruling, if possible simultaneously with declaration of bankruptcy. An appeal against the ruling may be filed by the person who paid the deposit to cover the remuneration and expenses of the interim trustee or the expenses of the bankruptcy proceedings and by the person who was ordered to pay the amount paid as a deposit.

(4) The amount paid to the prescribed account as a deposit shall be returned to the person who has made the payment in accordance with the provisions of clause 4 of subsection 1 of § 146 and clause 6 of subsection 1 of § 150 of this Act. If a person obliged to file a bankruptcy petition was ordered to pay the deposit to cover the costs of the bankruptcy proceedings by the ruling specified in subsection 3¹ of this section and the person fulfilled the claim, the amount paid as a deposit shall be returned to such person.

(5) If the deposit specified in subsection 1 of this section is not paid and the debtor is a legal person, the court shall make a proposal to the Insolvency Division to file an application for conducting bankruptcy proceedings by public investigation, setting a reasonable term for filing the application.

§ 31. Declaration of bankruptcy and presuming insolvency of debtor who is legal person

(1) A court shall declare bankruptcy if the debtor is insolvent.

(1¹) Insolvency of a debtor who is a legal person is presumed if:

1) it has not been possible within a period of three months as of commencement of enforcement proceedings to satisfy a claim in the enforcement proceedings conducted in respect of the debtor due to lack of assets or it has become evident in the enforcement proceedings that the assets of the debtor are insufficient for performing all the obligations thereof;

2) a member of the management body of the debtor has notified the creditor, the court or the public of the inability of the debtor to perform the obligations thereof.

(1²) In addition to the provisions of subsection 1¹ of this section, insolvency of a debtor who is a private limited company or a public limited company is presumed if:

1) the net assets (total assets less total liabilities in the balance sheet) of a private limited company amount to less than the amount provided in clause 1 of subsection 2 of § 171 of the Commercial Code;

2) the net assets of a public limited company amount to less than the amount provided in clause 1 of subsection 1 of § 292 of the Commercial Code.

(1³) A court shall declare bankruptcy in the bankruptcy proceedings regarding an estate if the estate is insolvent.

(2) A court shall not declare bankruptcy regardless of the insolvency of a debtor who is a natural person if a basis for refusal to appoint a trusted practitioner exists. However, the court may declare bankruptcy where the debtor or a third person has, before the appointment of a trusted practitioner, performed the obligation on which the insolvency petition is based or provided sufficient security for the performance of the obligation.

(3) If a bankruptcy petition is filed by a debtor who is a legal person, the court shall declare bankruptcy also if insolvency is likely to occur in the future.

(4) If a debtor who is a legal person submits a bankruptcy petition, the debtor is presumed to be insolvent.

(5) A court shall declare bankruptcy by a ruling (bankruptcy ruling). A bankruptcy ruling shall set out the time of declaration of bankruptcy. Bankruptcy proceedings commence by the declaration of bankruptcy.

(6) If bankruptcy is declared, the court shall decide on the time and place of the first general meeting of creditors, appointment of a trustee in bankruptcy (trustee), continuation of enforcement proceedings in accordance with the provisions of § 51¹ of the Code of Enforcement Procedure, and application of measures for securing actions. Measures for securing actions which were applied before the declaration of bankruptcy remain in force unless the court decides otherwise. The court shall order reimbursement of the remuneration and expenses of the interim trustee by a bankruptcy ruling and a payment shall be made to the interim trustee.

(7) A bankruptcy ruling shall be subject to immediate execution. Execution of a bankruptcy ruling shall not be suspended or postponed, and the manner or procedure provided by law for the execution of the bankruptcy ruling shall not be changed.

(8) The annulment by a higher court of a bankruptcy ruling shall not affect the validity of the legal acts performed by or with respect of the interim trustee.

§ 32. Appeal against bankruptcy ruling and ruling on denying bankruptcy petition

(1) A debtor may file an appeal against the bankruptcy ruling within 15 days after publication of the bankruptcy notice. A circuit court shall adjudicate the appeal against the ruling by a reasoned ruling.

(2) A debtor and the petitioning creditor may file appeals against the ruling on denying the bankruptcy petition. Appeals may be filed against the circuit court ruling on the appeal against the ruling.

§ 33. Bankruptcy notice

(1) A court shall immediately publish a notice concerning a bankruptcy ruling in the official publication Ametlikud Teadaanded (bankruptcy notice). The notice shall be repeated if necessary. A repeated notice shall indicate the date of the publication of the first notice.

(2) A bankruptcy notice shall set out the name of the court which declared the bankruptcy, the date and time of the order, information concerning the debtor and the trustee, a proposal for the creditors and for any known persons specified in subsection 4 of § 44 of this Act to file their claims, the term for filing the claims, and the time and place of the first general meeting of creditors. A bankruptcy notice shall set out the consequences of failure to file a claim within the specified term.

(2¹) If bankruptcy proceedings are conducted by public investigation, such fact shall be included in the bankruptcy notice. In such case the time and place of the first general meeting of creditors shall not be specified.

(3) A bankruptcy notice shall set out that performance of obligations to the benefit of the debtor shall be accepted only by the trustee.

(4) If a higher court annuls a ruling by which declaration of bankruptcy was refused and issues a bankruptcy ruling, the higher court shall publish the bankruptcy notice. The higher court shall publish a notice concerning any other ruling in the publication Ametlikud Teadaanded.

(5) If bankruptcy is declared on the basis of Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings (OJ L 141, 5.6.2015, p. 19–72) with regard to a debtor who has been entered in the commercial register or the non-profit associations and foundations register in Estonia or has a place of establishment in Estonia, the bankruptcy notice shall be published by the trustee in bankruptcy or a competent authority of the state which initiated the bankruptcy proceedings. In addition to the information provided for in subsection 2 of this section, the notice shall set out whether the bankruptcy proceedings were initiated on the basis of Article 3 (1) or (2) of the regulation, and the state whose law applies to the bankruptcy proceedings.

(6) If publication of a notice is requested on the basis of Article 28 (2) of Regulation (EU) 2015/848 of the European Parliament and of the Council, the Ministry of Justice and Digital Affairs shall publish the notice in the official publication Ametlikud Teadaanded.

§ 34. Notification of creditors

(1) A trustee shall give written notice of the bankruptcy ruling and the time and place of the first general meeting of creditors to all creditors known to him or her. Any known persons specified in subsection 4 of § 44 of this Act shall also be notified of the bankruptcy ruling. The notice shall set out the term for filing claims and the consequences of failure to file claims within the specified term. If the trustee is aware of any persons who have obligations to the debtor, the trustee shall send a notice concerning declaration of the bankruptcy of the debtor also to such persons.

(2) If the total number of the persons specified in subsection 1 of this section exceeds 50, it is sufficient to publish the bankruptcy notice.

(3) Regardless of the number of the creditors, the trustee shall notify the creditors who pursuant to the land register, ship register, commercial pledge register or securities register may have financial claims against the debtor, and other known creditors holding rights of security with regard to the debtor's assets in the manner provided for in subsection 1 of this section. The provisions of the previous sentence apply also to the creditors whose habitual place of stay, residence or seat is located in another Member State of the European Union and to the persons specified in subsection 4 of § 44 of this Act.

§ 35. Consequences of declaration of bankruptcy

(1) By declaration of bankruptcy:

1) the debtor's assets become the bankruptcy estate;

2) the right to administer and dispose of the debtor's assets and the right to be a participant in court proceedings in lieu of the debtor with regard to a dispute relating to the bankruptcy estate or the assets which may be included in the bankruptcy estate is transferred to the trustee;

3) the debtor is deprived of the right to enter into transactions relating to the bankruptcy estate;

5) the debtor's other rights are restricted pursuant to the procedure prescribed by this Act;

6) calculation of interest and fines for delay on claims against the debtor shall be terminated;

6¹) the term for challenging of the administrative act against the debtor is suspended;

6²) the court proceedings relating to bankruptcy proceedings of the debtor are suspended until the trustee decides on entry in the proceedings, but not for longer than until the end of the term for filing claims;

7) other consequences prescribed by this Act follow.

(2) A debtor is required to submit an inventory of the assets, including obligations, of the debtor as at the date of declaration of bankruptcy to the trustee.

§ 36. Transfer of management authority and right of disposal

(1) Upon declaration bankruptcy, the debtor's right to manage and dispose of the bankruptcy estate transfers to the trustee unless otherwise provided by law.

(2) Dispositions effected by the debtor with regard to objects belonging to the bankruptcy estate after the declaration of bankruptcy are void. The assets transferred by the other party on the basis of the disposition shall be returned to the party if the assets have been retained in the bankruptcy estate or compensated for if the bankruptcy estate has increased as a result of the transfer.

(3) Subsection 2 of this section does not apply to acquisition in good faith on the basis of subsection 2 of § 561 of the Law of Property Act, subsection 1 of § 7 of the Law of Maritime Property Act or subsection 2 of § 9 of the Securities Register Maintenance Act.

(4) If a debtor disposes of an object on the date of the declaration of bankruptcy, the disposition is presumed to have been effected after the declaration of bankruptcy. Where the counterparty to a collateral agreement or netting agreement proves that the party was not and should not have been aware of the appointment of an interim trustee, the declaration of bankruptcy does not affect the validity of the following transactions or acts carried out on the same day after the declaration of bankruptcy:

1) entry into a financial collateral agreement and establishment, supplementation or replacement of a financial collateral;

2) entry into a collateral agreement and provision of collateral in order to secure a netting agreement within the meaning of subsection 1 of § 229⁴ of the Securities Market Act or a qualifying financial transaction covered by it;

3) entry into a netting agreement or inclusion of any qualifying financial transaction in the netting agreement.

(4¹) The declaration of bankruptcy does not affect the exercise of rights or performance of obligations arising from a financial collateral agreement or from a collateral agreement securing a netting agreement specified in subsection 1 of § 229⁴ of the Securities Market Act or a qualifying financial transaction covered by such agreement in accordance with the terms of the collateral agreement.

(5) If before declaration of bankruptcy the debtor has disposed of the debtor's future claims, the disposition becomes void upon declaration of bankruptcy as regards claims which arise after the declaration of bankruptcy.

(6) A debtor who is a natural person may dispose of the bankruptcy estate with the consent of the trustee. Dispositions effected without the consent of the trustee are void.

(7) The provisions of subsection 6 of this section also apply to a successor of a debtor.

§ 37. Satisfaction of claims included in bankruptcy estate

(1) After declaration of bankruptcy, performance of the obligations which are included in the bankruptcy estate and are due to the debtor shall be accepted only by the trustee. If an obligation is performed to the benefit of the debtor, the obligation is deemed to be performed only if the assets transferred in performance of the obligation have been retained in the bankruptcy estate or the bankruptcy estate has increased as a result of the transfer.

(2) If an obligation is performed to the benefit of a debtor before publication of the bankruptcy notice, the obligation is deemed to be performed if the person who performed the obligation neither was nor should have been aware of the declaration of bankruptcy at the time of the performance.

§ 38. Use of name

After the bankruptcy of a debtor who is a legal person has been declared, the business or any other name of the debtor may be used only in combination with the word "pankrotis" [bankrupt].

§ 39. Notification of registrar

(1) If a debtor is entered in the commercial register or the non-profit associations and foundations register, the court which declares bankruptcy shall immediately forward copies of the decisions made by the court or a higher court on the basis of subsection 1 of § 29, § 31, subsection 3 of § 68, subsections 2 and 3 of § 91, subsection 2 and 7 of § 130, subsection 4 of § 158, subsection 3 of § 163, subsection 1 of § 183, subsection 1 of § 190 and subsection 2 of § 192 of this Act to the registration department of Tartu County Court. An entry is made in the register immediately after a ruling is forwarded to the registration department.

(2) If bankruptcy is declared on the basis of Article 3 (1) of Regulation (EU) 2015/848 of the European Parliament and of the Council with regard to a debtor who has been entered in the commercial register or the non-profit associations and foundations register in Estonia, the trustee in bankruptcy or any other competent authority of the state which declared the bankruptcy is required to give notification of the declaration of bankruptcy.

§ 40. Notation in land register

(1) Notations shall be made in the land register concerning declaration of bankruptcy:

1) next to the entries concerning the immovables owned by the debtor according to the land register;

2) next to the entries concerning the limited real rights held by the debtor or the rights on such rights if it may be presumed that failure to make such notations would damage the interests of the creditors.

(2) A notation shall be made on the basis of the bankruptcy ruling. The ruling shall be forwarded to the registrar by the court. If bankruptcy is declared on the basis of Article 3 (1) of Regulation (EU) 2015/848 of the European Parliament and of the Council, such application may be submitted also by any other competent authority of the state which declared the bankruptcy.

(3) If a trustee transfers an immovable or right specified in subsection 1 of this section in the course of the bankruptcy proceedings, the trustee shall submit an application for the deletion of the corresponding notation.

(4) The provisions of subsections 1–3 of this section apply also to ships entered in the ships register.

(5) The provisions of this section do not apply to the real rights related to the collaterals belonging to the covered bond portfolio separated under § 33 of the Covered Bonds Act, except in the case of bankruptcy of a separated covered bond portfolio.

§ 41. Freezing of securities in securities register

(1) Securities registered in the securities register or a securities account, except for the securities account specified in clause 3 of subsection 2 of § 21 of the Covered Bonds Act and the securities entered in the covered bond collateral register, are frozen on the basis of a bankruptcy ruling. The application for freezing securities registered in the securities register or a securities account shall be submitted by the trustee on the basis of the bankruptcy ruling. If bankruptcy is declared on the basis of Article 3 (1) of Regulation (EU) 2015/848 of the European Parliament and of the Council, such application may be submitted also by any other competent authority of the state which declared the bankruptcy.

(2) If a security specified in subsection 1 of this section is sold in the course of the bankruptcy proceedings, the trustee shall submit an application for the release of the security.

§ 42. Claims not yet due

As of the declaration of bankruptcy, all the claims of the creditors against the debtor are deemed to have fallen due unless otherwise provided by law.

§ 42¹. Court proceedings on claims for support fallen due after declaration of bankruptcy

(1) A person who has a claim for support against the debtor that has fallen due after declaration of the bankruptcy of the debtor shall not be a creditor in the bankruptcy proceedings in respect of this claim and this claim cannot be filed in bankruptcy proceedings.

(2) The claim specified in subsection 1 of this section may be filed with a court and proceedings thereon can be conducted during the bankruptcy proceedings.

(3) The provisions of this section do not prejudice the application of clause 2 of subsection 1 of § 146 and § 147 of this Act.

§ 43. Court proceedings relating to bankruptcy proceedings

(1) If an action or any other petition relating to a bankruptcy estate filed by the debtor against another person is heard in court proceedings which began before the declaration of bankruptcy or if the debtor participates in court proceedings as a third party, the trustee may, in accordance with his or her duties, enter the proceedings in lieu of the debtor. If the trustee does not enter the proceedings, the debtor may continue as the plaintiff, petitioner or third party.

(2) If there is a proprietary claim against a debtor or an appeal against an administrative act issued to the debtor regarding a financial claim in public law in the court proceedings which began before the declaration of bankruptcy, but a decision concerning the claim or appeal has not yet been made, the court shall dismiss the claim or appeal, except for deciding on imposition of a pecuniary punishment or confiscation or substitution thereof in criminal proceedings, a claim for support obligation in civil proceedings as well as appeals against fines imposed for misdemeanours.

(3) A court shall reopen the proceedings specified in subsection 2 of this section on the basis of an application of the plaintiff if a higher court annuls the bankruptcy ruling and a ruling dismissing the bankruptcy petition or insolvency petition has entered into force or if the bankruptcy proceedings are terminated by abatement after the declaration of bankruptcy.

(4) If a claim for the exclusion of an object from the bankruptcy estate has been filed against the debtor in court proceedings which began before the declaration of bankruptcy, the court shall hear the claim. In such case, the trustee in bankruptcy may enter the proceedings in lieu of the debtor. The trustee has the rights and obligations of the debtor as the defendant. If the trustee does not enter the proceeding, the proceedings may be continued at the request of the plaintiff.

(5) If there is a proprietary claim against a debtor or an appeal against an administrative act issued to the debtor regarding a financial claim in public law in the court proceedings and the decision made in such matter is subject to appeal, the appeal may be filed by the trustee on behalf of the debtor after the declaration of bankruptcy. The debtor may file the appeal with the consent of the trustee. A pecuniary punishment or confiscation or substitution thereof in criminal proceedings, a claim for compensation for damage caused by a criminal offence as well as imposition of a fine in misdemeanour proceedings may be appealed by the debtor regardless of the consent of the trustee.

(6) A debtor is required to notify the court which declared the bankruptcy and the trustee of all the court proceedings where the debtor participates as a plaintiff or defendant or any other participant in the proceedings.

§ 43¹. Procedural expenses of court proceedings relating to bankruptcy proceedings

(1) Procedural expenses incurred in connection with the activities of the trustee in entering the proceedings shall be reimbursed out of the bankruptcy estate on the basis of clause 1 of subsection 1 of § 148 of this Act. Procedural expenses incurred prior to entry of the trustee in the proceedings shall not be covered out of the bankruptcy estate. In such case the other participants in the proceedings can file their potential claims for procedural expenses against the debtor as creditors in the bankruptcy proceedings, including as a contingent claim on the basis of § 98 of this Act.

(2) Procedural expenses incurred by the debtor in the case provided in subsection 1 of § 43 of this Act shall not be covered out of the bankruptcy estate. The other participants in the proceedings can file their potential claims for procedural expenses against the debtor as creditors in the bankruptcy proceedings, including as a contingent claim on the basis of § 98 of this Act.

(3) If the court dismisses the claim in the case provided in subsection 2 of § 43 of this Act, each party must pay for the party's own procedural expenses unless the court decides otherwise.

(4) Procedural expenses of the plaintiff which the debtor must cover in the case provided in subsection 4 of § 43 of this Act shall be reimbursed out of the bankruptcy estate on the basis of clause 1 of subsection 1 of § 148 of this Act if the claim is satisfied. If the trustee accepts the claim immediately, the plaintiff can file the potential claim for procedural expenses against the debtor as a creditor in the bankruptcy proceedings.

(5) Procedural expenses which the debtor must cover upon filing an appeal provided in subsection 5 of § 43 of this Act shall be reimbursed out of the bankruptcy estate pursuant to the procedure provided in clause 1 of subsection 1 of § 148 of this Act unless the debtor filed the appeal without the consent of the trustee.

§ 44. Claims of creditors in bankruptcy proceedings

(1) After declaration of bankruptcy, the creditors in the bankruptcy proceedings may file their claims against the debtor only pursuant to the procedure provided for in this Act. The claims are satisfied pursuant to the procedure provided for in this Act.

(1¹) In the bankruptcy proceedings regarding an estate, the creditors in the bankruptcy proceedings may file their claims relating to the estate after declaration of bankruptcy only pursuant to the procedure provided for in this Act. The claims are satisfied pursuant to the procedure provided for in this Act.

(2) Claims in foreign currency shall be converted into the currency valid in Estonia on the basis of the exchange rate valid at the date of issue of the bankruptcy ruling.

(4) A person who has the right to satisfy a claim against a third person out of the bankruptcy estate on the basis of a right of security or another right of collateral shall not be a creditor in the bankruptcy proceedings. In the bankruptcy proceedings, such person has the rights provided in the Bankruptcy Act, he has no right to file objections against the claims of other creditors and no other rights of creditors in the bankruptcy proceedings unless otherwise provided by law.

(5) The person specified in subsection 4 of this section shall file his or her claim against a third person with the trustee notifying of his or her right of realisation in property law in respect of the bankruptcy estate. The claim shall be filed and defended pursuant to the procedure provided in the Bankruptcy Act as a claim of a creditor in the bankruptcy proceedings.

(6) If the claim is accepted, the person specified in subsection 4 of this section has the right to participate in the distribution of income derived from the realisation of the property encumbered with a limited real right in accordance with the ranking of the limited real right in conformity with clause 1 of subsection 1 of § 153 and subsections 2 and 3 of § 153 of this Act. If the claim has not fallen due yet and the right of realisation has not arrived, the claim is regarded as a contingent claim and the amount corresponding to the claim shall be deposited and the deposited amount shall be paid on the basis of the provisions of § 152 of this Act.

§ 45. Termination of seizure or judicial mortgage

(1) Seizure applied with regard to a debtor's assets before the declaration of bankruptcy terminates with the declaration of bankruptcy, except in the case provided in § 51¹ of the Code of Enforcement Procedure, and judicial mortgage established on the debtor's property within six months prior to appointment of the interim trustee or trusted practitioner also terminates with the declaration of bankruptcy. If no court proceedings have been initiated with regard to the claim filed against the debtor or no court decision has been made about the claim or appeal by the time of declaration of bankruptcy, judicial mortgage shall terminate regardless of the time of its establishment.

(2) Seizure or judicial mortgage of the property of the debtor applied to secure possible confiscation or substitution of confiscation in criminal proceedings shall not terminate with the declaration of bankruptcy.

§ 46. Performance of debtor's contractual obligations

(1) A trustee has the right to perform an unperformed obligation arising from a contract entered into by the debtor and require the other party to perform the obligations thereof, or abandon performance of an obligation arising from a contract entered into by the debtor, unless otherwise provided by law. The trustee shall not abandon performance of an obligation arising from a contract entered into by the debtor if the obligation is secured by a preliminary notation entered in the land register.

(2) If the other party makes a proposal to the trustee to exercise the choice specified in subsection 1 of this section, the trustee shall immediately but not later than within seven days give notice of whether he or she will or will not perform the debtor's obligation. If the trustee fails to give timely notice of performance of the obligation or abandoning of the performance, the trustee does not have the right to require performance of the contract from the other party before the trustee has performed the debtor's obligation.

(3) At the request of a trustee, the court may set a term other than that provided for in subsection 2 of this section for the trustee for exercising the choice. In such case, the term shall be set such as to leave reasonable time for the creditors to file claims before the first general meeting of creditors.

(4) If a trustee continues to perform an obligation of the debtor or gives notice that he or she intends to perform the obligation, the other party to the contract shall continue performance of the obligations thereof. In such case, the trustee loses the right to refuse performance of the debtor's obligation.

(5) If a trustee requires performance of a contract from the other party to the contract, the other party may require the trustee to secure performance of the obligation of the debtor. The other party may refuse to perform the obligation thereof, withdraw from the contract or cancel the contract until the trustee has secured performance of the debtor's obligation.

(6) The other party's claim against a debtor which has arisen from the performance of an obligation after the trustee has required performance of the obligation from the other party is a consolidated obligation.

(7) If a trustee abandons performance of an obligation of the debtor after the declaration of bankruptcy, the other party to the contract may file the claim arising from failure to perform the contract as a creditor in the bankruptcy proceedings.

§ 46¹. Performance of obligations arising from apartment ownership

(1) If the bankruptcy estate includes an apartment ownership, the trustee shall not refuse to pay the management costs of the apartment association which have fallen due after the declaration of bankruptcy.

(2) The claim specified in subsection 1 of this section is a consolidated obligation.

§ 47. Contract for divisible object

(1) If the object of a contractual obligation is divisible and the other party has partly performed the obligation thereof by the time of declaration of the bankruptcy, the party may require performance of the debtor's financial obligation corresponding to the performed part of the other party's obligation only as a creditor in the bankruptcy proceedings.

(2) If a trustee requires performance of the unperformed part of an obligation, the other party's claim against the debtor corresponding to such part is deemed to be a consolidated obligation.

§ 48. Failure to perform obligations related to certain financial transactions

(1) A trustee does not have the right to demand from the counterparty:

1) performance of an obligation related to a derivative transaction not covered by a netting agreement if one of the parties is a person, institution or organisation specified in § 229⁵ of the Securities Market Act and the performance of the corresponding obligation by a specific due date or within a certain period of time has been agreed in the normal course of business of such party in the relevant agreement and the due date arrives or the period of time ends after the declaration of bankruptcy;

2) performance of an obligation covered by a close-out netting under a netting agreement while waiving performance of an obligation covered by the close-out netting under the netting agreement towards the counterparty.

(2) In the case and on the conditions specified in clause 1 of subsection 1 of this section, only the claim arising from failure to perform an obligation can be filed. The amount of the claim arising from failure to perform an obligation is deemed to be the difference between the agreed price and the market price of the derivative transaction at the agreed time, but not later than on the second working day after the declaration of bankruptcy.

(3) In the case and on the conditions provided in clause 1 of subsection 1 of this section, the counterparty to the transaction, like the trustee, may not demand performance of the corresponding obligation. The counterparty to the transaction may file a claim arising from failure to perform an obligation only as a creditor in the bankruptcy proceedings.

(4) The right of a trustee arising from subsection 1 of § 46 of this Act does not prevent or restrict the termination of transfer rights or obligations or payment rights or obligations arising from one or more qualifying financial transactions specified in § 229³ of the Securities Market Act covered by a netting agreement or the acceleration of the performance of such obligations in accordance with the terms of the netting agreement.

(5) For the purposes of this section, a derivative transaction means a transaction or derivative contract entered into with a derivative instrument provided in clauses 1 and 2 of subsection 1 of § 229³ of the Securities Market Act.

(6) For the purposes of this section, a netting agreement is deemed to be a netting agreement within the meaning of subsection 1 of § 229⁴ of the Securities Market Act.

§ 49. Reservation of ownership

(1) If a debtor has sold a movable with reservation of ownership before declaration of bankruptcy and has transferred possession of the movable to the purchaser, the purchaser has the right to require performance of the sales contract. In such case, the trustee shall not abandon performance of the debtor's obligations arising from the sales contract.

(2) If a debtor has purchased a movable with reservation of ownership before declaration of bankruptcy and possession of the movable has transferred from the purchaser to the debtor, the trustee in bankruptcy may exercise the choice provided for in § 46 of this Act until the first general meeting of creditors. The trustee may exercise the choice provided for in § 46 of this Act also within five days after the first general meeting of creditors.

(3) A trustee shall exercise a choice pursuant to the procedure provided for in § 46 of this Act if the value of an object transferred with reservation of ownership may materially decrease within the time until the first general meeting of creditors and the creditor has notified the trustee of the possibility of such decrease.

§ 50. Debtor as lessor or commercial lessor

(1) The bankruptcy of a lessor or a commercial lessor shall not be the basis for termination of the lease contract unless the contract provides otherwise. If the lease contract provides for bankruptcy as a basis for termination of the contract, the trustee may cancel the contract within a term of one month or a shorter term of cancellation prescribed in the contract.

(2) The bankruptcy of the lessor of a dwelling shall not be the basis for termination of the lease contract.

(3) If the rent for an immovable or room has been paid to a debtor in advance before the declaration of bankruptcy, the lessee's or commercial lessee's obligation to pay rent is deemed to be performed only as regards the month of declaration of the bankruptcy. If bankruptcy is declared after the fifteenth day of the month, the lessee's obligation to pay rent is deemed to be performed also as regards the following month. With regard to the rest of the advance payment, the lessee may file a claim against unjust enrichment as a creditor in the bankruptcy proceedings.

(4) A lessor or a commercial lessor may set off a claim against unjust enrichment specified in subsection 3 of this section against the debtor's claim against the lessor.

§ 51. Debtor as lessee

(1) In the case of the bankruptcy of a lessee, the lessor or commercial lessor may terminate the lease contract only pursuant to the procedure provided for in § 319 of the Law of Obligations Act.

(2) The other party to a lease contract entered into by a debtor as the lessee shall not cancel the contract due to a delay in the payment of the rent after declaration of the bankruptcy of the debtor if the delay concerns payment of the rent owed before the filing of the bankruptcy petition or insolvency petition.

(3) A contract for the lease of an immovable or room entered into by a debtor as the lessee may be cancelled by the trustee within a term of one month or a shorter term of cancellation prescribed in the contract.

(4) If a trustee cancels a contract pursuant to subsection 3 of this section, the other party may claim compensation for the damage arising from premature termination of the contract only as a creditor in the bankruptcy proceeding.

(5) If an immovable or room has not been transferred into the possession of a debtor by the time of the declaration of bankruptcy, both the trustee and the other party may withdraw from the contract. If the trustee withdraws from the contract, the other party may claim compensation for the damage arising from termination of the contract only as a creditor in the bankruptcy proceedings. If one of the parties makes a proposal to the other party to give notice of whether the other party intends to exercise the right of withdrawal, the other party may withdraw from the contract within fourteen days.

§ 52. Leasing contract

The provisions of §§ 50 and 51 of this Act apply correspondingly to the leasing contracts entered into by a debtor.

§ 53. Nullity of derogating agreements

Agreements by which application of the provisions of §§ 50–52 of this Act is precluded or restricted beforehand are void.

§ 54. Professional activities of trustee in bankruptcy

The professional activities of a trustee in bankruptcy are conducting of bankruptcy proceedings, acting as a liquidator or a reorganisation adviser appointed by the court in the case of compulsory dissolution of a legal person and performance of other functions assigned by legislation.

§ 54¹. Trustee

(1) A trustee in bankruptcy (hereinafter trustee) enters into transactions relating to the bankruptcy estate and performs other acts. The rights and obligations created as a result of the activities of the trustee belong to the debtor unless otherwise provided by law. A trustee, in accordance with his or her duties, participates in court in disputes relating to the bankruptcy estate in lieu of the debtor.

(2) If several trustees are appointed for the conduct of bankruptcy proceedings, each of the trustees may enter into transactions with the bankruptcy estate or perform other acts unless the court has prescribed upon appointment of the trustees that they shall enter into transactions or perform other acts only jointly. The requirement of joint entry into transactions or performance of other acts applies with regard to third persons only if it is entered in the corresponding register.

(3) In the bankruptcy proceedings of a debtor who is a legal person, the trustee may enter into all transactions and perform all legal acts with the bankruptcy estate. The trustee's right to enter into transactions or perform other acts may be restricted with regard to third persons only in the manner specified in subsection 2 of this section.

(4) In the case of the bankruptcy of a debtor who is a natural person, the trustee may enter into only such transactions and perform only such legal acts with the bankruptcy estate which are necessary for achieving the objective of the bankruptcy proceedings and performing the duties of the trustee.

§ 55. Principal obligations and rights of trustees

(1) A trustee shall defend the rights and interests of all the creditors and of the debtor and ensure a lawful, prompt and financially reasonable bankruptcy procedure.

(2) A trustee shall perform his or her obligations with the diligence expected from an accurate and honest trustee and take into consideration the interests of all the creditors and the debtor. Trustees perform their obligations personally.

(3) A trustee shall:

1) determine the claims of the creditors, administer the bankruptcy estate, organise its formation and sale and satisfaction of the claims of the creditors out of the bankruptcy estate;

1¹) ascertain the causes of insolvency of the debtor and the time when the insolvency was caused;

2) organise continuation of the business activities of the debtor if necessary;

3) if the debtor is a legal person, conduct the liquidation of the debtor if necessary;

4) provide information to the creditors and the debtor in the cases prescribed by law;

5) report on his or her activities and provide information concerning the bankruptcy proceedings to the court, the supervisory official and the bankruptcy committee;

5²) prepare a calculation of the trustee's remuneration and procedural expenses within the term prescribed by law;

6) perform other obligations provided by law.

(3¹) A trustee has the right to receive compensation for making a copy of a document from the person who requested a copy of the document.

(3²) The compensation for a trustee for making a copy of a document shall be:

1) 0.31 euros per A4-format page;

2) 0.44 euros per A3-format page.

(3³) If the insolvency of the debtor was caused by a grave error in management, the trustee is required to file a claim for compensation for damage against the person liable for the error immediately after sufficient basis for filing a claim has become evident.

(4) In addition to the rights of trustees provided by law, a trustee has the rights of interim trustees specified in subsection 3 of § 22 of this Act.

(5) If the debtor's assets include animals, the trustee shall ensure compliance with the requirements established for the keeping of animals.

(6) If the provisions of subsection 1 of § 64 of the Animal Protection Act are applied, the trustee shall cooperate with the Agriculture and Food Board in order to ensure timely compliance with the precept issued on the basis of subsection 3 of § 64 of the Animal Protection Act and smooth application of substitutional performance in accordance with the same Act if necessary.

§ 56. Requirements for trustees

(1) The following members of the professional union of the Chamber of Enforcement Agents and Bankruptcy Trustees (hereinafter Chamber) may be trustees:

1) natural persons to whom the Chamber has granted the right to act as trustees;

2) sworn advocates;

3) sworn auditors;

4) enforcement agents whose level of education complies with clause 1 of subsection 1 of § 47 of the Courts Act.

(1¹) Persons who have acquired foreign professional qualifications may also act as trustees if their professional qualifications have been recognised in accordance with the Recognition of Foreign Professional Qualifications Act. The competent authority provided for in subsection 2 of § 7 of the Recognition of Foreign Professional Qualifications Act is the Ministry of Justice and Digital Affairs.

(2) A trustee must have the confidence of the court and the creditors.

(3) A trustee shall not be an employee of the court and he or she must be independent of the debtor and the creditors. When giving consent to the court to act as a trustee, the person shall confirm in writing that he or she is independent of the debtor and the creditors.

(4) A person connected with the judge or assistant judge hearing the matter or shall not be appointed as trustee.

(5) Upon appointment of a trustee in specific proceedings, including in the event of cross-border cases, the experience and professional knowledge of the trustee and the particularities of the case must be taken into account.

§ 57. Right to act as trustee

(1) The right to act as a trustee is granted to a person with active legal capacity who:

1) has acquired officially recognised Bachelor's degree or a qualification equal thereto within the meaning of subsection 2² of § 28 of the Republic of Estonia Education Act and who has at least two years' professional experience in the field of finance, law, management or accounting or who has acquired officially recognised Master's degree or a qualification equal thereto within the meaning of subsection 2² of § 28 of the Republic of Estonia Education Act;

2) is honest and of high moral character;

3) has oral and written proficiency in Estonian;

4) has passed the examination of trustees pursuant to the procedure provided for in § 95 of the Enforcement Agents Act;

5) has undergone the training of trustees pursuant to the procedure provided for in § 96 of the Enforcement Agents Act;

(2) Instead of a Bachelor's degree or Master's degree specified in clause 1 of subsection 1 of this section, a person may have acquired also a foreign qualification equal to the Bachelor's degree or Master's degree.

(3) Sworn advocates, sworn auditors and enforcement agents complying with clause 1 of subsection 1 of § 47 of the Courts Act are not required to pass the examination of trustees or undergo training in order to be granted the right to act as a trustee. They are granted the right to act as trustees upon acceptance into the membership of the professional union of the Chamber. The abovementioned persons are accepted into the membership of the professional union of the Chamber on the basis of a written application.

(4) A person who has passed the examination of trustees and has been employed in a position which requires higher education in the field of law, economy or financial management for at least three years is not required to undergo training.

(5) A person who has passed the examination of trustees and undergone training in the cases prescribed by law shall submit a written application to the management board of the professional union of the trustees of the Chamber (hereinafter management board of the professional union) in order to be granted the right to act as a trustee. The application shall be submitted not later than one year as of passing the examination of trustees. The management board of the professional union shall decide to satisfy or deny the application within one month as of the date of the submission of the application by making a corresponding written decision. A copy of the decision shall be sent to the person. The reasons for denial of an application shall be provided.

(6) The right to act as a trustee shall not be granted to persons:

1) with a criminal record for an intentionally committed criminal offence;

2) who have been removed from the position of judge, notary, prosecutor or enforcement agent or disbarred or expelled from the board of auditors or who have been deprived of the profession of a sworn translator on the basis of clause 3 of subsection 3 of § 28 of the Sworn Translators Act or who have been deprived of the qualification of a patent agent on the basis of clause 1 or 2 of subsection 1 of § 20 of the Patent Agents Act during the preceding ten years;

3) who have been released from public service for a disciplinary offence during the preceding five years;

4) who are bankrupt;

5) with regard to whom a prohibition on business applies;

6) who have proved to be obviously unsuitable for the work of a trustee in bankruptcy in their previous professional activities or enforcement agent's professional activities;

7) who have been deprived of the right to be a trustee in bankruptcy or operate as an undertaking by a court judgment;

8) who have been excluded from the Chamber due to commission of a disciplinary offence in the preceding seven years or who have been deprived of the right to act as a trustee.

(7) Prohibition to act as a trustee may arise also from other grounds provided by law.

(8) Section 119¹ of the Courts Act applies without prejudice to special rules provided by this Act when verifying the reliability of an applicant for the qualification of a trustee in bankruptcy.

§ 58. Suspension, termination and deprivation of right to act as trustee

(1) The management board of the professional union may suspend the right of a person to act as a trustee for up to three years at the request of the trustee if the trustee wishes to engage in individual professional development or for other good reason. The requirement concerning the professional liability insurance provided for in § 64 of this Act shall not extend to a person during the period when his or her right to act as a trustee is suspended.

(1¹) If a trustee assumes the office of director of the Insolvency Division, his or her right to act as a trustee is suspended for five years on the basis of an application of the trustee. If a trustee assumes the office of an official or employee of the Insolvency Division, his or her right to act as a trustee is suspended for the time of the service or the term of the employment contract on the basis of an application of the trustee.

(2) The management board of the professional union shall terminate the right of a person to act as a trustee on the basis of a written application of the person.

(3) The management board of the professional union shall exclude a person from the Chamber:

1) if a circumstance specified in subsection 6 of § 57 of this Act exists with regard to him or her;

2) on the basis of a proposal specified in subsection 6 of § 97 of the Enforcement Agents Act;

3) if prohibition on acting as a trustee is imposed on him or her as a disciplinary penalty;

4) if the member of the professional union fails to pay the membership fee of the Chamber by the set due date without good reason and regardless of a warning given by the management board.

(4) If a person is excluded from the Chamber, he or she loses the right to act as a trustee.

(5) The procedure for the suspension and termination of the right to act as a trustee and for exclusion of persons from the Chamber shall be established in the statutes of the Chamber.

§ 59. List of trustees in bankruptcy

(1) After granting the right to act as a trustee, the management board of the professional union shall enter information on the person in the list of trustees in bankruptcy.

(2) The following shall be entered in the list with regard to a trustee:

1) name;

2) business name and contact details of the trustee's office;

3) date of grant of the right to act as a trustee;

4) information concerning the education of the trustee;

5) time and basis for the suspension or deprivation of the right to act as a trustee;

6) the period of validity of the professional liability insurance;

7) information concerning the bankruptcy proceedings in which she or he has been approved as a trustee.

(3) The list shall be maintained by the Chamber. The list shall be made available to the public on the website of the Chamber. The procedure for maintaining the list shall be established in the statutes of the Chamber.

(4) A trustee entered in the list shall ensure the correctness of the information submitted.

§ 60. Documents and data media relating to professional activities of trustees

(1) An interim trustee and a trustee shall prepare a file on bankruptcy proceedings. The requirements for the content and form of the trustees' files and the documents to be prepared in bankruptcy proceedings shall be established by a regulation of the minister in charge of the policy sector. The requirements also apply to the interim trustees' files and documents.

(2) The documents and data media relating to the professional activities of a trustee shall be clearly distinguishable from other documents and data media.

(3) A trustee shall preserve the trustee's file and other documents and data media relating to bankruptcy proceedings for seven years as of termination of the bankruptcy proceedings or the date when the court released the trustee in bankruptcy from his or her obligations if this occurred after termination of the bankruptcy proceedings.

(4) The file of an interim trustee who is not going to continue as a trustee and the file prepared by a trustee who is released before the end of the bankruptcy proceedings shall be transferred to the trustee conducting the proceeding and such trustee shall preserve the file pursuant to the procedure provided in subsection 3 of this section.

(5) The procedure for the transfer of the file specified in subsection 4 of this section shall be established by a regulation of the minister in charge of the policy sector.

(6) In the case of deprivation of the right to act as a trustee or the death of a trustee, the files of terminated bankruptcy proceedings and other documents and data media shall be transferred to the management board of the professional union of trustees in bankruptcy.

§ 61. Approval of trustee

(1) Approval of a trustee appointed by a bankruptcy ruling shall be decided by the first general meeting of creditors. If notification is given of a general meeting of creditors pursuant to the prescribed procedure but none of the creditors appear at the first general meeting, the trustee is deemed to be approved by the meeting.

(2) If a trustee appointed by a bankruptcy ruling is not approved, the creditors shall elect a new trustee. A court shall approve the trustee by a ruling within five days after receipt of the decision of the general meeting if at least one-half of the creditors present whose claims account for at least two-thirds of the total amount of the claims of the creditors present have voted in favour of the trustee. The amount of the claim of a creditor shall be accounted in accordance with the number of votes determined in respect of the claim on the basis of subsection 3 or 4 of § 82 of this Act. The creditors specified in subsection 8 of § 82 and their claims as well as the creditors whose votes have not been determined on the basis of subsection 3 or 4 of § 82 of this Act and their claims shall not be included in the calculation of the quorum.

(4) A court shall not approve a trustee elected by creditors if the trustee does not meet the requirements provided for in subsections 1, 1¹, 3 or 4 of § 56 of this Act, the procedure provided in subsection 2 of this section has been violated upon electing the trustee or the trustee does not have a valid professional liability insurance. In such case the court shall approve the trustee appointed by the bankruptcy ruling. The court ruling shall set out the reasons for refusal to approve the trustee.

(4¹) Where the general meeting of creditors does not approve the trustee appointed by a bankruptcy ruling, but fails to elect a new trustee, the trustee appointed by a bankruptcy ruling is deemed to be approved.

(5) Creditors and the debtor may file appeals against the ruling by which the court refuses to approve a trustee elected by creditors and approves the trustee appointed by the bankruptcy ruling in the case specified in subsection 4 of this section. The court shall annul the ruling on the appointment of the trustee on the basis of the appeal if the trustee was appointed in violation of the provisions of subsection 1, 1¹, 3 or 4 of § 56 of this Act.

(6) If, after the first general meeting of creditors, the court appoints another trustee in addition to the trustee already appointed, the trustee shall be approved pursuant to the provisions of subsections 1–5 of this section.

§ 62. Representative of or assistant to trustee

(1) A trustee may use the assistance of third persons in performing specific acts relating to the bankruptcy proceedings. A trustee may conduct transactions relating to the bankruptcy proceedings through a representative.

(2) A trustee may use a representative and an assistant in performing acts and entering into transactions relating to the bankruptcy proceedings with the prior consent of the bankruptcy committee. A person connected with the judge hearing the matter, the assistant judge or the debtor as well as the director or an official or employee of the Insolvency Division shall not be a representative or assistant of a trustee, and such representative or assistant shall be independent of the debtor and the creditors.

(3) A trustee shall be liable for the activities of a third person, representative or assistant specified in subsection 1 of this section in the bankruptcy proceedings as for his or her own activities.

(4) A trustee pays remuneration to a third person, representative or assistant specified in subsection 1 of this section out of his or her own remuneration according to the agreement between them. If using a representative is clearly necessary due to the complexity of the matter, remuneration may be paid to a representative out of the bankruptcy estate with the consent of the bankruptcy committee.

§ 63. Liability of trustee

(1) A trustee who violates his or her obligations and thereby wrongfully causes damage to the debtor, a creditor or a person who may claim performance of a consolidated obligation shall compensate for the damage.

(2) The limitation period for a claim for compensation for damage arising from violation of the obligations of a trustee is three years as of the date when the victim became aware of the damage and the circumstances on which the liability of the trustee is based, but not more than three years as of the release of the trustee.

§ 64. Professional liability insurance of trustees

(1) In order to ensure compensation for damage caused by trustee's professional activities, the trustee shall enter into a professional liability insurance contract under the following conditions with an insurer which is a company having permission to engage in insurance activities in Estonia:

1) the insured event is violation of the obligations of the trustee or the activity of a person specified in subsection 3 of § 62 of this Act during the period of insurance which causes damage and shall be compensated by the trustee on the basis of the Act regulating the professional activities of trustees;

2) the minimum amount of insurance coverage for one insured event shall be not less than 63,910 euros and the maximum amount of insurance indemnities payable for all the insured events occurring during the period of insurance shall be not less than 300,000 euros;

3) in the case of an excess policy, the insurer shall compensate for the full amount of the damage but not more than the sum insured, and claim the excess from the policyholder.

(2) Trustees are not required to insure liability arising from intentional violation of obligations.

(3) An enforcement agent, an advocate and a sworn auditor whose liability arising from his or her professional activities has been insured pursuant to law is not required to enter into the contract specified in subsection 1 of this section if the professional liability insurance contract includes acting as a trustee in bankruptcy.

(4) A trustee in bankruptcy shall not pay insurance premiums out of the bankruptcy estate or out of the assets of the company to be liquidated.

(5) A trustee shall submit a copy of the professional liability insurance contract and an insurance policy to the management board of the professional union immediately after entry into the professional liability insurance contract. The professional union is required to verify the existence of the professional liability insurance.

(6) Upon failure to enter into a professional liability insurance contract by the due date specified by the management board of the professional union, the management board of the professional union shall suspend the right of the person to engage in the professional activities of a trustee until entry into a contract.

(7) A trustee shall notify the management board of the professional union in writing of the circumstances listed in subsections 1 and 3 of § 514 of the Law of Obligations Act within two weeks as of becoming aware of such circumstances. A trustee shall forward information on payment by the insurer of an insurance indemnity to the aggrieved person, the amount of the indemnity and the event which caused the insurance case to the management board of the professional union within two weeks as of payment of the insurance indemnity.

§ 65. Remuneration of trustee

(1) Trustees have the right to receive remuneration for the performance of their duties. The remuneration of a trustee shall also cover the general costs relating to the activities of the trustee, including the maintenance costs of the office, communications costs and domestic travel costs. The court shall determine the remuneration of a trustee in bankruptcy at the request of the trustee upon termination of the bankruptcy proceedings on the bases provided for in clauses 2–6 of § 157 of this Act after having heard the opinions of the trustee and the bankruptcy committee. At the request of a trustee, the court shall order the remuneration of the trustee to be paid to the office through which the trustee operates.

(1¹) The remuneration of a trustee includes the taxes prescribed by law, except value added tax. If a trustee is entered in the commercial register as a sole proprietor and he or she is a person liable to value added tax for the purposes of the Value Added Tax Act, value added tax is added to the remuneration of the trustee. Value added tax shall be added to the remuneration of a trustee also if it is payable to the office and the office is a person liable to value added tax for the purposes of the Value Added Tax Act.

(2) The remuneration of a trustee shall be calculated on the basis of the money which has been received and included in the bankruptcy estate as a result of the sale and recovery of the bankruptcy estate and other activities of the trustee. The court shall determine the amount of the remuneration taking into account the volume and complexity of the work of the trustee and his or her professional skills. A trustee shall maintain records of the time spent on the performance of his or her duties. In the calculation of the remuneration of a trustee, the assets of the debtor at the time of the declaration of bankruptcy or assets received independently of the activities of the trustee shall not be taken into account.

(3) At the request of a trustee, the court shall prescribe a preliminary remuneration for the trustee after considering the opinion of the bankruptcy committee; the preliminary remuneration shall be set off against the remuneration prescribed for the trustee upon termination of the bankruptcy proceedings. In the bankruptcy proceedings regarding a debtor who is a legal person which lasts for longer than six months, the court must prescribe a preliminary remuneration for the trustee if funds exist therefor. The total amount of the preliminary remuneration shall not exceed one-half of the budgeted amount of the remuneration of the trustee. The request of a trustee shall be adjudicated by a ruling of the court within 30 days after receipt of the request.

(4) If additional money is received or included in a bankruptcy estate after termination of the bankruptcy proceedings, the court shall prescribe additional remuneration for the trustee at the request of the trustee. The remuneration shall be prescribed in the form of an hourly rate in accordance with the provisions of subsection 3 of § 23 of this Act. The limits of remuneration provided in § 65¹ of this Act shall be taken into account upon prescribing the remuneration.

(5) The court shall prescribe remuneration for a trustee in the minimum amount specified in subsection 1 of § 65¹ of this Act. In justified cases, the court may prescribe remuneration in the amount exceeding the minimum amount. The court may prescribe remuneration in the amount lower than the minimum amount if the amount of remuneration does not correspond to the volume of work performed and the liability.

(5¹) The court may prescribe remuneration for a trustee in the amount exceeding the minimum amount specified in subsection 1 of § 65¹ of this Act which does not exceed the maximum amount specified in subsection 2 of the same section if:

1) the bankruptcy estate is of high value and application of the minimum amount is not fair taking into account the activities of the trustee upon increasing and recovery of the assets;

2) the trustee, in accordance with his or her duties, participates in court disputes in lieu of the debtor and does not use any additional legal assistance;

3) the court deems it to be justified.

(7) If a debtor who is a legal person is terminated regardless of rehabilitation carried out in the course of the bankruptcy proceedings, the activities of the trustee in the rehabilitation of the debtor shall also be taken into consideration in determining the remuneration of the trustee.

(8) If a court finds when prescribing the remuneration for the trustee upon termination of the proceedings that the trustee has incurred unnecessary expenses out of the bankruptcy estate in performing his or her duties, the court shall deduct such expenses from the remuneration of the trustee. If the trustee had the consent of the bankruptcy committee for incurring the unnecessary expenses, the trustee has the right of recourse against the members of the bankruptcy committee who voted in favour of granting the consent.

(9) If bankruptcy proceedings are conducted by more than one trustee, the trustee's remuneration shall be divided between them.

(10) The specific procedure for calculating the remuneration of interim trustees and trustees and the expenses subject to reimbursement and the requirements for calculations and for the requests for reimbursement of the remuneration and expenses of trustees may be established by a regulation of the minister in charge of the policy sector.

(11) If a court has declared bankruptcy on the basis of subsection 2 of § 45 of the Natural Person Insolvency Act and the debtor's assets are insufficient for covering the costs of the bankruptcy proceedings, the court shall determine the remuneration of a trustee on the basis of subsections 1–3 of § 23 of this Act. The court shall order the remuneration of a trustee payable and the expenses subject to reimbursement to be paid by the debtor but may order reimbursement thereof from the state funds. The amount of the remuneration and the expenses of a trustee reimbursed from the state funds shall not exceed the amount provided for in subsection 2 of § 183 of the Code of Civil Procedure, including the taxes prescribed by law, except value added tax.

(11¹) The limit of reimbursement of the amount of the remuneration from the state funds provided for in subsection 11 of this section also applies if bankruptcy is declared in the situation specified in subsection 2¹ of § 15 of this Act or subsection 9 of § 15 of the Natural Person Insolvency Act.

(11²) The rate of remuneration of a trustee and the amount of expenses to be reimbursed from the state funds as prescribed by subsection 11 of this section and the procedure for reimbursement shall be established by a regulation of the minister in charge of the policy sector.

(11³) Remuneration in the bankruptcy proceedings of a natural person may be requested by a trustee in the form of remuneration for the act which shall not exceed the triple amount of the minimum wage established on the basis of subsection 5 of § 29 of the Employment Contracts Act. The act means conducting the bankruptcy proceedings as a whole. If a trustee wishes to request remuneration in the form of remuneration for the act, he or she must notify the court and the creditors thereof upon preparing the calculation for the remuneration and procedural expenses and he or she need not maintain records of working time.

(11⁴) Where a trustee performs the duties of a trusted practitioner on the basis of subsection 1 of § 46 of the Natural Person Insolvency Act, the court may order payment of additional remuneration to the trustee for the performance of such duties of a trusted practitioner which do not correspond to the duties of a trustee in bankruptcy in conducting bankruptcy proceedings, taking into account the provisions of the Natural Person Insolvency Act concerning the remuneration of a trusted practitioner.

(12) If there is no bankruptcy estate which is a basis for calculation of the remuneration of the trustee, its volume is small regardless of the activities of the trustee, the trustee is not approved at the first general meeting of creditors or the trustee is released, unless the reason for the release of the trustee is failure to perform or undue performance of his or her duties, the court shall, at the request of the trustee of bankruptcy, determine the remuneration of the trustee of bankruptcy on the basis of subsections 1–3 of § 23 of this Act and the calculation provided for in subsection 21 of § 66¹ of this Act.

(13) Upon release of a trustee from office on the basis of subsection 2 of § 68 of this Act the court shall determine a reasonable fee for the trustee at the request of the trustee upon termination of the bankruptcy proceedings taking account of the circumstances of the violation and the provisions of this section. If the circumstances of the violation require, the court has the right to refuse to prescribe a remuneration for the trustee. The request must be submitted to the court within 30 days after entry into force of the ruling on release of the trustee.

(14) If a trustee meets the requirements established for contractual representatives in clause 1 or 2 of subsection 1 of § 218 of Code of Civil Procedure and he or she participates in judicial disputes due to his or her duties without any additional legal assistance, he or she may request that the costs of legal assistance relating to the judicial dispute be ordered to be paid as procedural expenses to the bankruptcy estate by the participant in the proceedings who has to cover the procedural expenses in accordance with the division of procedural expenses.

§ 65¹. Limits of remuneration of trustee

(1) The minimum amount of the remuneration of a trustee on a bankruptcy estate of up to 6,400 euros is 20 per cent of the bankruptcy estate. The minimum amounts of remuneration paid on a bankruptcy estate exceeding 6,400 euros are the following:

(1¹) The minimum amount of the remuneration of a trustee on a bankruptcy estate exceeding 640,000 euros is 31,684 euros which is added 1 per cent of the bankruptcy estate on the part exceeding 640,000 euros.

(2) The maximum amount of the remuneration payable to a trustee on a bankruptcy estate of up to 6,400 euros is 42.4 per cent of the bankruptcy estate. The maximum amounts of remuneration paid on a bankruptcy estate exceeding 6,400 euros are the following:

(3) The maximum amount of the remuneration payable to a trustee on a bankruptcy estate exceeding 640,000 euros is up to 6 per cent of the bankruptcy estate.

§ 66. Reimbursement of expenses of trustee

(1) In addition to the remuneration of a trustee, he or she has the right to request the reimbursement of such necessary expenses incurred in the performance of his or her obligations which are not covered by the remuneration. For that purpose, a trustee shall, after each six months as of declaration of bankruptcy, submit a report on the expenses incurred during that period to the bankruptcy committee and the court. The bankruptcy committee and the court have the right to demand submission of expense receipts and additional information from the trustee. The court shall verify that the expenses incurred in the performance of the obligations of the trustee are necessary, justified and in conformity with the calculation and it shall approve the amount of the necessary and justified expenses at the request of the trustee annually after declaration of bankruptcy by a ruling. A court may refuse to approve reimbursement of the expenses, of which the bankruptcy committee and the court were not notified in due time.

(2) A trustee has the right to request, with the prior consent of the bankruptcy committee, reimbursement for the expenses relating to legal counselling or auditing or accounting services if such expenses are necessary due to the large volume or complexity of the bankruptcy proceedings or a duty to be performed by the trustee, and the trustee cannot be reasonably expected to perform the duty himself of herself. If the court finds that the expenses were justified regardless of the fact that the bankruptcy committee has not granted consent, the court may approve reimbursement of the expenses.

(3) With the consent of the bankruptcy committee, the trustee may cover the necessary expenses incurred in the course of the proceedings which are not covered by the remuneration out of the bankruptcy estate as they occur. Upon approval of the final report of the bankruptcy proceedings or another report terminating the proceedings, the court shall verify whether such expenses incurred in the performance of the obligations of the trustee which have not been approved yet by the court on the basis of subsection 1 of this section were necessary and justified and approve the amount of the necessary and justified expenses.

(4) If the bankruptcy committee has given consent to the unnecessary expenses incurred by the trustee in the performance of his or her duties, the members of the bankruptcy committee who gave the consent shall be liable to the debtor solidarily with the trustee. A claim for the return of the amount of such unnecessary expenses to the bankruptcy estate may be filed also by a creditor.

§ 66¹. Calculation of remuneration and expenses of trustee

(1) A trustee shall submit a calculation of the remuneration and procedural expenses to the court and the creditors no later than three working days before the first general meeting of creditors in writing. Upon planning and conducting the proceedings, a trustee must endeavour to achieve that the procedural expenses are not higher than necessary. A trustee must set out in the calculation the acts planned for the performance of his or her duties, the time to be spent on these and other expenses of the bankruptcy proceedings. The calculation must also set out the planned use of any third persons, representatives and assistants and the expenses relating thereto. Upon preparing the calculation, a trustee shall proceed from the circumstances known by the time of its preparing and his or her judgement based on experience. The court and the creditors have the right to present opinions and proposals about the calculation to the trustee.

(2) A trustee is required to notify the court and the general meeting of creditors immediately of the need to exceed the calculation. Where a new trustee is elected at the general meeting as well as upon release of a trustee and appointment of a new trustee, the new trustee shall present his or her position on the calculation of the remuneration and procedural expenses to the court and the creditors within the term set by the court. The trustee shall prepare a new calculation if necessary.

(3) Upon determining the remuneration for a trustee, the court shall proceed from the calculation and the records of working time submitted by the trustee and shall verify that the remuneration is justified. Upon determining the remuneration for a trustee and approving the expenses the court has the right to deviate from the calculation submitted by the trustee if this is justified taking account of the circumstances of the proceedings.

(4) The remuneration of the trustee and the necessary expenses which are not covered by the remuneration shall be determined separately. A request for determination of the remuneration and such expenses the approval of which has not been decided yet by the court on the basis of subsection 1 of § 66 of this Act shall be submitted to the court by the trustee together with the final report or another report terminating the proceedings. The trustee must set out the bases for calculation of the remuneration in the request.

§ 67. Complaint against activities of trustee

Creditors and the debtor may file complaints against the activities of the trustee with the bankruptcy committee, the general meeting of creditors, the court or the Chamber.

§ 68. Release of trustee

(1) A court shall release a trustee at his or her request. The trustee shall notify the court of such request in writing thirty days in advance and submit an activity report. The court may release the trustee before the end of the term for advance notice in the interests of the bankruptcy proceedings.

(2) If a trustee fails to perform his or her duties or performs them inadequately, the court shall release the trustee on his or her own initiative, at the request of the bankruptcy committee, the debtor or the Insolvency Division, or on the basis of a decision of the general meeting of creditors. The court shall release a trustee also if it becomes evident that the trustee does not have the right to act as a trustee. At the request of the court, a trustee shall submit an activity report within the term determined by the court.

(3) If a court releases a trustee, it shall, by a ruling, appoint a new trustee who need not be approved by the general meeting. If there are several trustees and one of them is released, the court shall decide whether it is necessary to appoint a new trustee to replace the released trustee.

(4) Creditors and the debtor may file appeals against the ruling by which the court refuses to release the trustee in the case specified in subsection 2 of this section or appoints a new trustee in the case specified in subsection 3 of this section. The court shall annul the ruling on the appointment of the trustee on the basis of the appeal if the trustee was appointed in violation of the provisions of subsection 1, 1¹, 3 or 4 of § 56 of this Act.

(5) If a court hearing an appeal against a ruling on the appointment of a trustee annuls the ruling, this shall not affect the validity of the legal acts performed by or with respect of the trustee.

(6) A trustee may file an appeal against the ruling by which the court released the trustee on the basis specified in subsection 2 of this section. A circuit court shall adjudicate the appeal against the ruling by a reasoned ruling.

§ 69. Supervision exercised by court over activities of trustee

(1) Courts shall exercise supervision over the activities of trustees in bankruptcy. A court may require a trustee to submit information concerning the course of the bankruptcy proceedings and the activities of the trustee at any time. A court may examine the trustee's file and obtain bank statements of the debtor-based payment account opened by the trustee as well as bank statements of the debtor's accounts concerning the period when the trustee had the right to use the debtor's account.

(2) If a trustee violates his or her obligations, the court may impose a fine on the trustee if the court has warned the trustee that a fine may be imposed. In the event of a serious violation of obligations, the court may impose a fine on the trustee without a prior warning.

(3) The amount of the fine for one violation shall not exceed 6,400 euros.

(4) A trustee may file an appeal against the ruling imposing a fine.

§ 70. Administrative supervision over activities of trustees

(1) The Insolvency Division and the management board of the professional union of the Chamber shall exercise administrative supervision over the activities of trustees to the extent provided by law.

(2) The Insolvency Division and the management board of the professional union of the Chamber shall exercise administrative supervision over the activities of trustees on the basis of the information which becomes known to the Insolvency Division or the management board of the professional union of the Chamber and which gives reason to believe that the trustee has violated his or her obligations.

(3) In exercising administrative supervision over the activities of a trustee, the Insolvency Division and the management board of the professional union of the Chamber have the right to verify whether the professional activities of the trustee are in conformity with the requirements and the law. The Insolvency Division shall also exercise supervision over appropriateness of costs of bankruptcy proceedings. An auditor or another expert may be involved in the exercising of administrative supervision. The management board of the professional union of the Chamber may involve other employees of the Chamber in the supervision activities.

(4) The Insolvency Division and the management board of the professional union of the Chamber shall notify the court and the bankruptcy committee of a violation of the obligations of a trustee discovered in the course of administrative supervision.

(5) In order to exercise administrative supervision, the Insolvency Division has the right to:

1) obtain necessary information and documents from the trustee, debtor, bankruptcy committee and the state and local government agencies;

2) obtain necessary information from creditors;

3) examine the court file of the bankruptcy proceeding, trustee's file, documents of the general meeting of creditors and documents of the bankruptcy committee;

4) examine the records maintained on the bankruptcy proceedings by the trustee, and the accounts and financial situation of the debtor;

5) be present at the meetings of the bankruptcy committee and the general meetings of creditors;

6) obtain bank statements of the debtor-based payment account opened by the trustee and the debtor's bank account concerning the period when the trustee had the right to use the debtor's bank account;

7) examine the documents of the liquidation proceedings and the bank statements of the accounts of a company to be liquidated concerning the period of the liquidation proceedings;

8) issue opinions, recommendations and precepts to the trustee;

9) have recourse to the court in order to impose a fine on the trustee, release the trustee, impose a prohibition on acting as a trustee or reduce the remuneration of the trustee.

(6) In order to exercise administrative supervision, the management board of the professional union of the Chamber has the rights specified in clauses 1–7 of subsection 5 of this section.

(7) Upon failure to comply with the precept, the Insolvency Division may impose non-compliance levy on the addressee pursuant to the procedure provided in the Substitutive Enforcement and Penalty Payment Act, the upper limit of non-compliance levy being 9600 euros. Non-compliance levy shall be collected into the state budget.

§ 71. Disciplinary liability

(1) The court of honour of the Chamber may impose a disciplinary penalty for violation of the obligations arising from legislation regulating the professional activities of trustees.

(2) In addition to the provisions of subsection 1 of this section, the court of honour of the Chamber may impose a disciplinary penalty on a trustee:

1) for violation of the decisions of a body of the Chamber or the good professional practice;

2) for an indecent act which is in conflict with the generally recognised moral standards or which decreases the trustworthiness of the profession of trustee in bankruptcy, regardless of whether the act is committed in the performance of obligations of a trustee in bankruptcy;

3) for the violation specified in subsection 1 of this section if the Ministry of Justice and Digital Affairs has referred hearing of the matter to the court of honour.

(3) The court of honour of the Chamber shall not hear a matter of an advocate who is a member of the Chamber or punish him or her under disciplinary procedure. The court of honour of the Chamber may request the court of honour of the Bar Association to commence the proceedings of the court of honour with regard to an advocate. The Ministry of Justice and Digital Affairs may request commencement of the proceedings of the court of honour of the Bar Association in accordance with subsection 4 of § 16 of the Bar Association Act or commencement of the proceedings of the court of honour of the Chamber in accordance with subsection 2 of § 101 of the Enforcement Agents Act.

(4) The disciplinary penalties imposed by the court of honour of the Chamber are:

1) reprimand;

2) a fine of 64 – 6,400 euros;

3) prohibition on acting as a trustee for up to five years.

(5) A fine imposed as a disciplinary penalty shall be paid within three months as of the imposition thereof. The amount of penalty shall be transferred to the revenue of the Chamber. A decision imposing a fine may prescribe that the fine shall be paid in instalments on specified dates during a period of one year.

(5¹) A decision on a fine imposed as a disciplinary penalty is an enforcement instrument within the meaning of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure.

(7) One disciplinary penalty may be imposed for one and the same violation. Releasing a trustee or imposing of a fine by a court on the basis of subsection 2 of § 69 of this Act shall not be deemed to be disciplinary penalty. Upon imposing a disciplinary penalty, punishment for a misdemeanour or criminal punishment imposed for the same offence and disciplinary penalty imposed by another body or official not specified in this Act shall not be taken into account.

(8) If it becomes evident that a trustee has violated his or her obligations in ongoing bankruptcy proceedings, the court of honour has the right not to impose a disciplinary penalty and request the court to:

1) release the trustee;

2) impose a fine on the trustee.

(9) Before submission of a request specified in subsection 8 of this section, the court of honour shall demand a written explanation concerning the circumstances relating to the violation of obligations from the trustee.

(10) A disciplinary penalty may be imposed within one year as of the date of becoming aware of the violation.

(11) A disciplinary penalty shall not be imposed if the limitation period of the disciplinary offence has expired. The limitation period of a disciplinary offence is three years from the commission of the offence. The limitation period of a disciplinary offence is interrupted during the period of the disciplinary procedure, including during the judicial proceedings as well as during the term for submission of an appeal or an appeal in cassation.

(12) A disciplinary penalty expires if no new disciplinary penalty is imposed on the trustee within three years as of the date on which the penalty was imposed.

§ 72. Duty to maintain confidentiality

A person who exercises administrative supervision over the activities of a trustee or supervision over a debtor or persons connected with the debtor shall, during the period of his or her employment or service relationship and after termination thereof, maintain the confidentiality of business secrets and information subject to banking secrecy and tax secrecy as well as information relating to the private and family life of other persons and other confidential information which has become known to him or her in the performance of his or her duties.

§ 73. Competence of bankruptcy committee

(1) A bankruptcy committee shall protect the interests of all the creditors, monitor the activities of the trustee and perform other duties provided by law in bankruptcy proceedings. The bankruptcy committee verifies whether the activities of the trustee are expedient and in compliance with the law, and monitors the course of the business activities, the accounts and the financial situation of the debtor for such purpose.

(2) The bankruptcy committee has the right to examine the trustee's file and, where necessary, to demand additional information and documents concerning the bankruptcy proceedings, and to monitor the trustee's economic activities related to the management of the bankruptcy estate.

§ 74. Formation and members of bankruptcy committee

(1) Persons with active legal capacity who are independent from the trustee may be members of a bankruptcy committee. A person connected with the trustee, a person specified in subsection 6 of § 57 of this Act and the director or an official or employee of the Insolvency Division shall not be a member of a bankruptcy committee.

(1¹) The number of the members of a bankruptcy committee shall be decided by a general meeting of creditors. A bankruptcy committee shall have at least three and not more than seven members.

(2) A bankruptcy committee shall include persons proposed by creditors with larger as well as smaller claims.

(3) The members of a bankruptcy committee shall elect the chair of the committee from among themselves. Judges, persons connected with the debtor, the trustee appointed for the bankruptcy proceedings in question and the trusted practitioner shall not be members of the bankruptcy committee.

(4) A bankruptcy committee has a quorum if more than one-half of its members are present. Each member of a bankruptcy committee has one vote. A bankruptcy committee adopts decisions by a simple majority and upon an equal division of votes the vote of the chair governs.

(5) A member of a bankruptcy committee may be released by the general meeting of creditors. A member of a bankruptcy committee who should not be a member of the bankruptcy committee or who violates his or her obligations may be released by the court at its own initiative or at the request of a creditor. The court may release a member of a bankruptcy committee at his or her request if the general meeting has refused to release the member although he or she has requested to be released.

(6) A trustee shall immediately send a list of the members of the bankruptcy committee and amendments to the list to the registration department of Tartu County Court.

(7) On the basis of a decision of a general meeting of creditors, a bankruptcy committee need not be formed. In such case, the duties of the bankruptcy committee shall be performed by the general meeting of creditors.

(8) To decide on the formation of a bankruptcy committee, the number of its members, the election and release of its members, at least one-half of the creditors present whose claims account for at least two-thirds of the total amount of the claims of the creditors present must vote in favour thereof. If a claim of a creditor has not been accepted yet by the time of electing members of the bankruptcy committee, the amount of the claim of the creditor shall be accounted in accordance with the number of votes determined for the claim on the basis of subsection 3 or 4 of § 82 of this Act. The creditors specified in subsection 8 of § 82 and their claims as well as the creditors whose votes have not been determined on the basis of subsection 3 or 4 of § 82 of this Act and their claims shall not be included in the calculation of the quorum.

§ 75. Liability of members of bankruptcy committee

Members of a bankruptcy committee who have wrongfully caused damage to the debtor, a creditor or a creditor with a consolidated claim through violation of their obligations shall be solidarily liable for the damage caused.

§ 76. Remuneration of members of bankruptcy committee

(1) Reasonable remuneration may be paid to the members of a bankruptcy committee out of the bankruptcy estate if payment of the remuneration is reasonable taking into account the specifications of the bankruptcy proceedings. No remuneration shall be paid to a member of a bankruptcy committee who represents the state as a creditor.

(2) Payment of remuneration to the members of a bankruptcy committee shall be decided by the general meeting of creditors which shall also determine the amount of and the procedure for payment of the remuneration. The limits of the remuneration paid to the members of a bankruptcy committee out of the bankruptcy estate shall be established by the minister in charge of the policy sector. The remuneration of the members of a bankruptcy committee shall not be determined before approval of the list of creditors by the court.

(3) A trustee shall immediately submit a decision on the remuneration of the members of the bankruptcy committee to the court for approval. A trustee may file an objection to the decision of the general meeting on the remuneration of the members of the bankruptcy committee with the court. The court shall decide on the approval of payment of remuneration to members of the bankruptcy committee by a ruling made within fifteen days as of submission of the corresponding decision to the court. The court refuses to approve the decision of the general meeting if the remuneration has been determined in disregard of the provisions of subsections 1 or 2 of this section.

(4) A member of a bankruptcy committee who does not receive remuneration shall be reimbursed for the necessary and justified expenses incurred in the performance of the obligations of the member out of the bankruptcy estate.

§ 77. Competence of general meeting of creditors

A general meeting of creditors is competent to:

1) approve the trustee and elect the bankruptcy committee;

2) decide on the continuation or termination of the activities of the undertaking of the debtor;

3) decide on termination of the debtor if the debtor is a legal person;

4) make a compromise;

5) decide, to the extent provided by law, on issues relating to the sale of the bankruptcy estate;

7) resolve complaints against the activities of the trustee;

8) decide on the remuneration of the members of the bankruptcy committee;

9) resolve other issues which are within the competence of general meetings of creditors pursuant to law.

§ 78. First general meeting of creditors

(1) The first general meeting of creditors shall be held not earlier than fifteen days and not later than thirty days after the declaration of bankruptcy.

(2) At the first general meeting of creditors, the creditors shall elect the bankruptcy committee and decide on the approval of the trustee and continuation of the activities of the undertaking of the debtor or termination of the debtor if the debtor is a legal person. The creditors may decide on other issues within the competence of the general meeting.

(3) If notice of the first general meeting of creditors is given pursuant to the prescribed procedure but none of the creditors appear at the first general meeting, the court may, on the proposal of the trustee, decide on the continuation of the activities of the undertaking of the debtor or termination of the debtor if the debtor is a legal person and on the appointment of the members of the bankruptcy committee or non-formation of a bankruptcy committee.

§ 79. Calling of general meetings of creditors

(1) A trustee calls a general meeting of creditors in the cases prescribed by law or at his or her own initiative.

(2) A trustee is required to call a general meeting of creditors at the request of the bankruptcy committee or:

1) at least five creditors whose claims added together constitute at least one-fifth of the total amount of the claims;

2) one or more creditors whose claims added together constitute at least two-fifths of the total amount of the claims.

(2¹) The creditors specified in subsection 8 of § 82 of this Act and their claims shall not be included in the calculation of the quorum provided for in clauses 1 and 2 of subsection 2 of this section, unless only the creditors specified in subsection 8 of § 82 are the creditors. The creditors whose votes have not been determined on the basis of subsection 3 or 4 of § 82 of this Act and their claims shall not be included in the calculation of the quorum either.

(3) A general meeting shall be called within fourteen days after submission of the corresponding request. If the trustee fails to call a general meeting during the specified term, the meeting may be called by the bankruptcy committee or the creditors who requested the meeting to be called.

(4) A trustee shall publish a notice concerning the time, place and agenda of a general meeting of creditors in the official publication Ametlikud Teadaanded. Publication of the notice is not necessary if all the creditors are notified of the meeting in any other manner. The notice shall be published or communicated to the creditors in any other manner at least five days before the date of the meeting unless a different term is prescribed by law.

§ 80. Chairing of and participating in general meetings of creditors

(1) General meetings of creditors shall be chaired by the trustee. If, in exceptional circumstances, the trustee cannot chair the general meeting in person, the court may appoint another trustee for that purpose by a ruling.

(2) All creditors have the right to participate in a general meeting personally or through a representative, and the debtor and other persons whom the court or the trustee has invited or permitted to participate in a general meeting may participate in the general meeting.

(3) The judge shall participate in the first general meeting of creditors. The judge shall participate in other general meetings if there is reason to believe that a dispute may arise in determining the number of votes.

§ 81. Decisions of general meetings of creditors

(1) The decisions of a general meeting of creditors are adopted by a simple majority of the votes of the creditors participating in the meeting unless otherwise provided by law.

(2) A general meeting of creditors has a quorum regardless of the number of the votes represented if the creditors were notified of the time and place of the meeting within the specified term and in the manner specified in subsection 4 of § 79 of this Act.

(3) Where only the persons specified in subsection 8 of § 82 of this Act or the persons whose votes have not been determined on the basis of subsection 3 or 4 of § 82 are the creditors, the decisions which are within the competence of the general meeting of creditors shall be made in lieu of the general meeting of creditors by a ruling of the court on the proposal of the trustee. The court shall not make decisions on making a compromise, continuing the activities of an enterprise or dissolving a legal person.

(4) Where the duties of the bankruptcy committee are performed by the general meeting of creditors on the basis of subsection 7 of § 74 of this Act and only the persons specified in subsection 8 of § 82 or the persons whose votes have not been determined on the basis of subsection 3 or 4 of § 82 are the creditors, the trustee may perform acts without the approval or consent of the bankruptcy committee prescribed by this Act.

§ 82. Determining number of votes

(1) At a general meeting of creditors, the number of the votes of each creditor is proportional to the amount of the creditor's claim.

(2) A claim arising from a conditional transaction or administrative act with a secondary condition the suspensive condition of which is not yet fulfilled grants a voting right only if fulfilment of the condition is likely or the condition is fulfilled.

(3) Until the defence of claims, the number of the votes of each creditor shall be determined by the trustee on the basis of the documents at his or her disposal. For the purpose of determining votes to a creditor, the creditor must submit the proof of claim to the trustee no later than three working days before the general meeting. This does not affect the right of the creditor to amend the proof of claim within the term specified in subsection 1 of § 93 of this Act. Where it appears from the documents at the disposal of the trustee that a claim does not exist or is not proved or that procedural rights are or are intended to be abused, the trustee may decide not to determine votes to the creditor.

(4) If a creditor participating in a general meeting does not consent to the number of the votes assigned to the creditor by the trustee or if the number of the votes assigned to the creditor is contested by another creditor, the number of the votes shall be determined by a ruling of the judge participating in the general meeting. The judge participating in the general meeting shall make the corresponding ruling at the same meeting or, if this is not impossible, not later than on the following working day. An appeal may be filed against such ruling. A circuit court shall adjudicate the appeal against the ruling within 15 working days after the receipt of the appeal.

(6) If the claim of a creditor has been defended, the number of the votes of the creditor is proportional to the amount of the defended and unsatisfied claim.

(7) If the number of the votes of a creditor has been determined pursuant to the procedure provided for in subsections 3 and 4 of this section, this shall not hinder assignation of a different number of votes to the creditor at another meeting if new circumstances become evident.

(8) A creditor shall have no voting right if the creditor is a shareholder of the debtor which is a private limited company or a public limited company or a subsidiary of such shareholder or if the creditor has acquired the claim from a shareholder of the debtor which is a private limited company or a public limited company or a subsidiary of such shareholder through assignment within three years before, or after, the appointment of an interim trustee.

§ 83. Contestation of decisions of general meeting of creditors

(1) A debtor, the creditors and the trustee may request that the court revoke a decision of a general meeting of creditors if the decision is contrary to law or was made in violation of the procedure provided by law or if the right to contest the decision is directly prescribed by law. Revocation of a decision of a general meeting of creditors may be requested also if the decision damages the common interests of the creditors.

(1¹) The decisions of the first general meeting of creditors on approving a trustee or electing a new trustee and bankruptcy committee shall not be contested on the grounds that the circuit court has changed the number of votes determined by the court in accordance with subsection 4 of § 82 of this Act.

(2) Requests for revocation of a decision of a general meeting of creditors may be filed with the court within ten days as of becoming aware of the decision, but not later than within thirty days as of the adoption of the decision.

(3) If approval of a decision of a general meeting is within the competence of the court, the decision shall not be contested. Creditors may submit objections against such decisions to the trustee who shall submit the objections to the court upon submission of the decision of the general meeting for approval.

(3¹) Where a court makes a ruling on the basis of subsection 3 of § 81 of this Act, the debtor, creditors and the trustee may file appeals against the ruling if the requirements provided for in this Act have been violated upon the making of decisions.

(4) A court shall hear a request for revocation of a decision of a general meeting of creditors within ten days as of submission of the request. The court shall notify the trustee, the person who submitted the request and the persons specified in subsection 5 of this section of the court session, whereas the interval between the date of the service of the summonses and the court session shall be at least five days. The absence of such persons shall not hinder the hearing of the claim.

(5) The chair of a bankruptcy committee shall participate in court hearings of actions concerning revocation of a decision of the debtor in bankruptcy proceedings on behalf of the debtor in bankruptcy proceedings. If a bankruptcy committee has not been elected, the person appointed for such purpose at a general meeting shall participate in the court hearing.

§ 84. Duties of courts in bankruptcy proceedings

Courts shall exercise supervision over the lawfulness of bankruptcy proceedings and perform other duties provided by law.

§ 84¹. Competence of judicial clerks in bankruptcy proceedings

(1) To the extent and pursuant to the procedure provided by this section, a judicial clerk may perform the duties of a court instead of a judge.

(2) In the bankruptcy proceedings of a debtor, a judicial clerk is competent to issue court rulings and to exercise court supervision. A judge shall decide on the specific division of tasks between himself or herself and a judicial clerk in a bankruptcy matter, and may give instructions to the judicial clerk.

(3) The following shall be within the exclusive competence of judges:

1) appointment of an interim trustee and adjudication of a bankruptcy petition;

2) actions related to bankruptcy proceedings;

3) adjudication of disputes relating to the number of votes determined by a trustee at the general meeting of creditors;

4) approval of a list of creditors in proceedings on petition;

5) termination of bankruptcy proceedings;

6) approval of the remuneration and expenses of a trustee in bankruptcy and a member of a bankruptcy committee;

7) adjudication of a claim for reimbursement of the deposit paid to cover the remuneration and expenses of an interim trustee or the expenses of bankruptcy proceedings;

10) imposition of a fine, prohibition on business, compelled attendance, detention, and prohibition on departure from residence.

(4) The provisions of subsections 1–3 of § 125¹ of the Courts Act and subsection 2¹of § 22¹ of the Code of Civil Procedure correspondingly apply to the competence of judicial clerks and removal of judicial clerks.

§ 85. Obligation to provide information

(1) A debtor shall provide the court, the interim trustee, the trustee, the bankruptcy committee and the Insolvency Division with information which they need in connection with the bankruptcy proceedings both before and after the declaration of bankruptcy, particularly concerning the assets, including obligations, and the business or professional activities of the debtor. A debtor is required to provide the trustee with the balance sheet together with an inventory of the assets, including obligations, of the debtor as at the date of declaration of bankruptcy.

(1¹) A debtor shall perform the obligation specified in subsection 1 of this section immediately after receiving the corresponding request.

(2) Third persons who are in possession of property belonging to a debtor or have proprietary obligations to the debtor are also required to provide information concerning the property of the debtor.

(3) The employees of a debtor and former employees who have resigned within the preceding two years before the filing of the bankruptcy petition or insolvency petition are also required to provide the information specified in subsection 1 of this section.

(4) Information provided in bankruptcy proceedings by a debtor or persons connected with a debtor in order to comply with the obligation to provide information may be used as evidence in the offence proceedings conducted in respect of the debtor or persons connected with the debtor only with the written consent of the person who has provided the information.

§ 86. Debtor's oath

(1) A court may require a debtor to swear in court that the information submitted to the court concerning his or her assets, debts and business or professional activities is correct to the debtor's knowledge.

(2) If a court requires a debtor to take an oath, the debtor shall take the oath before the first general meeting of creditors unless the court determines a different date for taking the oath.

(3) The debtor shall take the following oath orally:

"I (name) swear by my honour and conscience that the information submitted to the court concerning my assets, debts and business activities is correct to my knowledge." The debtor shall sign the text of the oath.

§ 87. Obligation to participate in proceedings

(1) A debtor shall provide assistance to the interim trustee and the trustee in the performance of their duties.

(2) A debtor is required to be available at the direction of the court in order to perform his or her obligation to provide information and participate in the proceedings.

(3) A debtor shall be personally present in the sessions of the court hearing the bankruptcy matter if the court so requires. The debtor shall be personally present at the general meetings of creditors, meetings of the bankruptcy committee and preparation of an inventory of the debtor's assets and participate in the performance of other acts relating to the bankruptcy proceedings if the court or the trustee so requires.

(4) The absence of a debtor shall not hinder the holding of a court session or meeting or performance of any other act unless the debtor must perform the act personally.

§ 88. Prohibition on departing from residence

(1) A debtor shall not leave Estonia without the permission of the court when the bankruptcy of the debtor has been declared but he or she has taken the oath.

(2) If there is reason to believe that a debtor may evade performance of the obligations arising from this Act, the court may, on the proposal of the trustee or on its own initiative, prohibit the debtor from departing from his or her residence.

(3) The prohibition specified in subsection 2 of this section applies until the end of the bankruptcy proceedings unless the court orders otherwise.

(4) If the prohibition specified in subsection 2 of this section is applied before the declaration of bankruptcy, the court shall decide on maintaining or revoking the prohibition upon making the bankruptcy ruling.

§ 89. Imposition of fine, compelled attendance or arrest on debtor

(1) A court may impose a fine, compelled attendance or arrest on a debtor in the event of non-compliance with a direction of the court or in order to secure performance of an obligation provided by law if the debtor hinders the bankruptcy proceedings by:

1) failure to perform the obligation to provide information (§ 85);

2) failure to perform the obligation to participate in the proceedings (§ 87);

3) failure to perform the obligation to take the oath (§ 86);

4) violating the prohibition on departure from his or her residence (§ 88);

5) violating the prohibition on disposing of the bankruptcy estate (§ 20 and clauses 3 and 4 of subsection 1 of § 35);

6) materially violating the obligations arising from this Act in any other manner thereby damaging the bankruptcy estate.

(2) A debtor may be sentenced to detention for up to three months.

(3) If a debtor is sentenced to detention for failure to perform an obligation specified in clause 1, 2 or 3 of subsection 1 of this section, the debtor shall be released after he or she has performed the obligation.

(4) If a debtor is sentenced to detention for violation of the prohibition specified in clause 4 of subsection 1 of this section or for an activity specified in clause 5 of subsection 1 of this section, the court shall release the debtor if there is reason to believe that the release of the debtor will not hinder the progress of the bankruptcy proceedings.

(5) A debtor may file an appeal against the ruling by which the court imposed detention with regard to the debtor. Appeals may be filed against the circuit court ruling on the appeal against the ruling.

§ 90. Application of provisions

If a debtor is a legal person, the provisions of §§ 85–89 of this Act apply correspondingly to the persons specified in subsections 1 and 3 of § 19 of this Act.

§ 91. Prohibition on business

(1) A court may prohibit a debtor who is a natural person from acting as a sole proprietor, a member of a management body of a legal person, a liquidator of a legal person or a procurator until the end of the bankruptcy proceedings, but not for longer than until the end of the proceedings for the release from obligations.

(2) In the event of the bankruptcy of a debtor who is a legal person, the court may order who of the persons specified in subsections 1 and 3 of § 19 of this Act must not act as a member of a management body of a legal person, a liquidator of a legal person or a procurator until the end of the bankruptcy proceedings. A court shall provide reasons for applying a prohibition on business and determine the extent of applying a prohibition on business. A court shall apply a prohibition on business especially if a person has made a grave error in management specified in subsection 2 of § 28 of this Act, whereas such grave error in management may be material violation of the obligation to file a bankruptcy petition in due time. A court, after having heard the opinion of the trustee, may terminate a prohibition on business at the request of a person also before the termination of the bankruptcy proceedings.

(3) If a debtor or a person specified in subsection 1 or 3 of § 19 of this Act has been convicted of a bankruptcy offence or a criminal offence relating to enforcement procedure, a tax offence or a criminal offence specified in § 380 or § 381¹ of the Penal Code on the basis of a court judgment that has entered into force, the court may order at the end of the bankruptcy proceedings that the prohibition on business specified in subsection 1 of this section applies to the debtor who is a natural person or that the prohibition on business specified in subsection 2 applies to the person specified in subsection 1 or 3 of § 19 of this Act also within three years after the end of the bankruptcy proceedings.

(4) Appeals may be filed against the ruling by which the court has imposed or refused to impose a prohibition on business by the person on whom a prohibition on business has been imposed or by the Insolvency Division if it has submitted a request for imposing a prohibition on business. Appeals may be filed against the circuit court ruling on the appeal against the ruling.

(5) The minister in charge of the policy sector may establish, by a regulation, a list of foreign states the prohibitions on business imposed under whose legislation are recognised in Estonia. The recognised prohibitions on business shall have been ordered by court and the preconditions and content thereof shall be similar to the prohibitions on business imposed on the basis of Estonian law. The duration of recognised prohibitions on business is determined by the law of the corresponding foreign state, the scope of application thereof in Estonia is determined by Estonian law.

§ 91¹. Right to obtain information

A debtor has the right to examine the trustee's file and the court file of the bankruptcy matter. A trustee may, for justified reasons, deny a debtor's request to examine a document included in the trustee's file if this is detrimental to the conduct of bankruptcy proceedings.

§ 92. Hearing of debtor

If the hearing of a debtor is prescribed by this Act, the debtor need not be heard if the whereabouts of the debtor are unknown or if the debtor is in a foreign state and his or her hearing would delay the proceedings.

§ 93. Term for giving notification of claims

(1) Creditors are required to notify the trustee of all their claims against the debtor which arose before the declaration of bankruptcy, regardless of the basis or the due dates for fulfilment of the claims, not later than within two months as of the date of publication of the bankruptcy notice in the official publication Ametlikud Teadaanded. A creditor who has filed a bankruptcy petition or insolvency petition also has the obligation specified in the first sentence of this subsection.

(2) If a bankruptcy notice is published in the official publication Ametlikud Teadaanded several times, the term specified in subsection 1 of this section commences as of the date of publication of the first notice.

§ 94. Proof of claim

(1) A trustee is notified of a claim by a written petition and proof of the circumstances specified in the petition (proof of claim). The proof of claim shall set out the content, basis and amount of the claim and whether the claim is secured by a pledge.

(2) The proof of claim shall be signed by the creditor. If the proof of claim is submitted by a representative, he or she shall annex his or her authorisation document or any other document proving his or her right of representation to the proof of claim.

(3) If the proof of claim is not prepared in accordance with the requirements, the trustee shall grant a term of at least ten days to the person who submitted the proof of claim for elimination of the deficiencies. If the deficiencies are eliminated within the specified term, the proof of claim is deemed to have been submitted on the date of its first submission. If the deficiencies are not eliminated, the court may deem that the proof of claim has not been submitted.

§ 96. Claims in case of bankruptcy of solidary debtor

If a debtor is liable to a creditor solidarily with another person, the creditor may file a claim against the debtor either in part or in whole. If the solidary debtor pays a part of the debt, such part shall be deducted from the debt.

§ 97. Claims against partner personally liable for obligations of company

(1) In the event of the bankruptcy of a general or limited partnership, commercial association or a European Economic Interest Grouping, the trustee has the right to file claims against the partners or members personally liable for the obligations of the company. The proceeds of satisfaction of the claims shall be included in the bankruptcy estate.

(2) After the bankruptcy of a general or limited partnership, commercial association or European Economic Interest Grouping has been declared, the claims directed against the company shall not be filed by the creditors against the partners or members personally liable for the obligations of the company.

(3) In the bankruptcy proceedings concerning a general partner in a general or limited partnership or a member of a commercial association or a European Economic Interest Grouping, the trustee may demand that the court exclude the partner or member from the partnership, association or grouping. The compensation payable to the partner or member upon exclusion shall be included in the bankruptcy estate.

§ 98. Claims arising from conditional transactions and administrative acts with secondary condition

A creditor may also file a claim arising from a conditional transaction or administrative act with a secondary condition the suspensive or resolutive condition of which has not yet arrived. Such claim is deemed to be equal to the unconditional claims in the bankruptcy proceedings unless otherwise provided by this Act.

§ 99. Netting of claims and close-out netting

(1) If a creditor had the right to set off the claim thereof against the claim of the debtor before the declaration of bankruptcy, the creditor may set off the defended claim also after the declaration of bankruptcy. A petition for the set-off of a claim may be submitted until the approval of a list of creditors.

(2) If a debtor's claim is contingent upon a suspensive condition or is not yet due at the time of the declaration of bankruptcy or is not directed at the performance of obligations of the same type, the claim may be set off only when the suspensive condition has arrived, the debtor's claim has fallen due or the obligations have become obligations of the same type. Set-off is not permitted if the suspensive condition of the debtor's claim arrives or the claim falls due before the creditor would have the right to set off the claim thereof.

(3) A claim acquired through assignment may be set off in bankruptcy proceedings only if the claim was assigned and the debtor was notified of the assignment in writing not later than three months before the declaration of bankruptcy. A claim against the debtor which is acquired through assignment shall not be set off if the claim was assigned within the preceding three years before the appointment of an interim trustee or trusted practitioner and the debtor was insolvent at the time of the assignment and the person who acquired the claim was or should have been aware of the insolvency at the time of the assignment. The provisions of this subsection do not apply in the case specified in subsection 3¹ of this section.

(3¹) An accepted claim secured by a pledge, including if the claim has been acquired through assignment, may be set off upon the sale of the same pledged object against the purchase price of the pledged object to the extent of the amount that the creditor would be entitled to receive upon distribution of the amount of money received from the sale of the object bought by the creditor, and from which the payments and expenses provided in subsection 2 of § 153 of this Act have been deducted. The part of the purchase price that cannot be set off against the claim of the creditor shall be paid by the creditor to the bankruptcy estate.

(4) Creditors may also set off claims specified in subsection 7 of § 46, subsection 1 of § 47, subsection 3 of § 48, subsection 4 of § 50, subsections 4 and 5 of § 51 of this Act.

(5) The declaration of bankruptcy does not affect the application of close-out netting within the meaning of § 229² of the Securities Market Act in accordance with the terms of the netting agreement specified in subsection 1 of § 229⁴ of the same Act, including the satisfaction of a net claim out of financial collateral or other collateral securing the netting agreement or a qualifying financial transaction covered by it. In such case, the provisions of subsections 1 and 2 of this section do not apply.

(6) The provisions of subsection 5 of this section also apply to close-out netting within the meaning of subsection 4 of § 229² of the Securities Market Act if the conditions for netting are prescribed in a financial collateral agreement, an agreement containing a financial collateral agreement or, in the absence of a corresponding contractual term, in the relevant legal provision.

§ 100¹. Procedure and terms for defending claims

(1) Claims shall be defended by written proceedings. Rights of security shall be defended together with the claims which they secure.

(2) A trustee shall prepare on the basis of the proofs of claim, within one month after expiry of the term provided in subsection 1 of § 93 of this Act, a preliminary list of creditors which the trustee shall present to the creditors for examination. Claims shall be entered in the preliminary list of creditors in the order of their submission together with the following information:

1) the sequence number of submission of the proof of claim;

2) the name of the creditor;

3) the registry code or personal identification code of the creditor;

4) the date of submission of the proof of claim;

5) the amount of the claim;

6) whether the claim is secured by a right of security;

7) the ranking of the claim;

8) whether the claim is deemed to be accepted without defence;

9) whether the claim is a solidary obligation or a claim arising from a conditional transaction or administrative act with a secondary condition;

10) the number of votes of the creditor.

(3) A trustee shall publish a notice on the possibility to examine the list of creditors and file objections and the term thereof in the official publication Ametlikud Teadaanded. A trustee shall determine a term for examining the list of creditors and filing objections which shall not be shorter than 15 days or longer than 30 days. A creditor may submit written substantiated objections to claims. Evidence about the circumstances specified in the objection and requests for collecting evidence shall be enclosed with the objection. The participants in the proceedings may submit the evidence permitted in actions. Upon approving the list of creditors, a court shall disregard the objections which have been filed after expiry of the term or which have not been substantiated.

(4) A trustee is required to verify whether the claims filed are justified and the rights of security securing the claims exist. If there are grounds for this, a trustee is required to file a written substantiated objection to a claim or right of security.

(5) After expiry of the term for filing objections a trustee shall forward the objections filed to the claims or rights of security, including the objections of the trustee himself or herself, to the creditor who has received the objection and set a term during which the creditor may file written positions and requests about the objection to the trustee. Evidence about the circumstances specified in the position and requests for collecting evidence shall be enclosed with the position. The participants in the proceedings may submit the evidence permitted in actions. The term for submission of positions and requests shall not be shorter than 15 days or longer than 30 days. Upon approving the list of creditors, a court shall disregard the positions which have been filed after expiry of the term.

§ 100². Preparation of list of creditors and its submission to court

(1) A trustee shall prepare the final list of creditors and submit it to the court for approval within 30 days after expiry of the term provided in subsection 5 of § 100¹ of this Act. With good reason, the court may extend the term by up to 30 days at the request of the trustee.

(2) If no objections have been filed by a trustee or any creditor, the trustee shall submit the final list of creditors to the court without granting the term provided in subsection 5 of § 100¹ of this Act.

(3) In addition to the provisions of subsection 2 of § 100¹ of this Act, a final list of creditors shall set out:

1) whether the claim and the right of security securing the claim were approved or not;

2) who and to which extent has objected to the claim, its ranking or the right of security securing the claim;

3) whether the creditor submitted a request on the basis of subsection 1 of § 102 of this Act;

4) distribution ratios.

(4) All the submitted objections, positions, requests and petitions shall be enclosed with the list of creditors.

(5) Where a creditor has submitted an objection to a claim of another creditor and the trustee has not submitted an objection to the claim of the creditor with the same content, the trustee must submit their position to the court on the objection submitted by this creditor.

§ 100³. Approval of list of creditors

(1) Upon approving a list of creditors, a court shall adjudicate on the merits the submitted objections, positions, requests and petitions enclosed with the list, determine the amounts of claims, the rankings and distribution ratios and approve the list of creditors within 30 days after receipt thereof by a court ruling. If necessary, a court may extend the term for approving a list of creditors by up to 30 days. A court shall evaluate the evidence which has not been submitted with the list of creditors only if the participant in the proceedings who submits the evidence substantiates why the circumstance or evidence could not be submitted earlier, including due to the reason that the circumstance or evidence emerged or became known or available to the participant after expiry of the term provided in subsection 3 or 5 of § 100¹ of this Act. The court does not collect evidence at its own initiative.

(2) A court shall refuse to approve a list of creditors and return it to the trustee by a ruling if the procedure and requirements provided by this Act have not been complied with upon preparing the list of creditors or if the rights of a creditor have been violated, in particular upon submission of objections and positions, and the court itself cannot eliminate the deficiency.

(3) A claim, its ranking and the right of security securing the claim are deemed to be accepted if neither the trustee nor any of the creditors objects thereto, or if the trustee or the creditor who filed an objection waives the objection. To waive an objection, a petition shall be submitted to the court within the term provided in subsection 1 of this section.

(4) The following shall be deemed accepted without defence:

1) claims satisfied by a court decision which has entered into force or by a decision of an arbitral tribunal which is an enforcement instrument in accordance with clause 6 or 6¹ of subsection 1 of § 2 of the Code of Enforcement Procedure;

2) rights of security accepted by a court decision which has entered into force or by a decision of an arbitral tribunal which is an enforcement instrument in accordance with clause 6 or 6¹ of subsection 1 of § 2 of the Code of Enforcement Procedure and rights of security entered in the land register, ship register, commercial pledge register or securities register;

3) claims satisfied by decisions and orders of the Unified Patent Court which have entered into force and are specified in Article 82 of the Agreement on a Unified Patent Court (OJ C 175, 20.6.2013, p. 1–40);

4) claims satisfied by decisions of courts of foreign states declared enforceable or subject to enforcement without recognition in Estonia;

5) claims for performance of financial obligations in public law arising from an administrative act specified in subsection 1 of § 2 of the Code of Enforcement Procedure if the term for contesting the administrative act has expired before the declaration of bankruptcy as well as in the event that such claims arise from an official document of a foreign state declared enforceable or subject to enforcement without recognition in Estonia.

(5) A list of creditors approved by a court ruling shall set out:

1) the name of the creditor;

2) the registry code or personal identification code of the creditor;

3) the amount of the accepted claim of the creditor;

4) the ranking of the accepted claim and the distribution ratio;

5) whether the claim is secured by a right of security;

6) whether the claim is a solidary obligation or a claim arising from a conditional transaction or administrative act with a secondary condition;

7) whether an objection of the debtor applies to the claim.

(6¹) The court resolves the objection of a creditor to the claim of another creditor regardless of whether the claim of the creditor who submitted the objection is accepted or not.

(7) An appeal against a ruling by which a court has approved a list of creditors may be filed by the trustee, the debtor who filed an objection, the creditor who filed or received an objection and the creditor whose request for restoring the claim was not satisfied. Appeals may be filed against the circuit court ruling on the appeal against the ruling.

(8) A court shall publish a notice concerning a ruling on approval or refusal to approve a list of creditors in the official publication Ametlikud Teadaanded and shall send the ruling to the trustee, the debtor who filed an objection, the creditor who filed or received an objection and the creditor whose request for restoring the claim was not satisfied.

§ 102. Restoration of term for filing claims

(1) If a claim is filed after expiry of the term provided for in subsection 1 of § 93 of this Act with good reason, the court restores the term for filing the claim at the request of the creditor. A creditor submits a request together with the proof of claim to the trustee who forwards it together with the documents provided in subsection 1 of § 100² of this Act to the court. The trustee submits a written position on the request submitted by the creditor to the court. The claim and the request for restoring the term for filing the claim can be submitted until the trustee submits the list of creditors to the court for approval.

(1¹) The term for filing a claim need not be restored in the case of a claim secured by a pledge.

(2) A court shall adjudicate the request of a creditor for restoring the term for filing a claim by a court ruling. If the term for filing a claim is not restored, the claim is recorded in the list of creditors, but, in the case of acceptance, it shall be satisfied after satisfaction of the accepted claims which were filed on time.

§ 104. Objections of debtor

(1) Written objections to claims or rights of security securing the claims may be filed also by the debtor within the term provided in subsection 3 of § 100¹ of this Act. An objection shall be substantiated. A trustee shall forward the objection to the creditor whose claim or whose right of security securing a claim was objected. An objection filed by the debtor shall not hinder acceptance of the claim or the right of security securing the claim but in such case the ruling stating the accepted claims does not have the effect of an enforcement instrument, within the meaning of § 168, with regard to the claim against which the debtor filed the objection.

(2) If a creditor wishes the ruling stating the accepted claims to have the effect of an enforcement instrument, the creditor may submit a request for the acceptance of the claim or the right of security against which the debtor has filed an objection. The request shall be submitted pursuant to the procedure and within the term provided in subsection 5 of § 100¹ of this Act. The trustee shall submit the request of the creditor to the court together with the documents specified in subsection 4 of § 100² of the same Act. A court shall hear the request of the creditor pursuant to the procedure provided in § 100³ of the same Act.

§ 105. Effect of acceptance of claims

A claim or its ranking accepted and entered in the list of creditors approved by a court ruling shall not be subsequently disputed except in the case specified in subsection 2 of § 106 of this Act.

§ 106. Rehearing of accepted claims or rights of security

(2) If it becomes evident that acceptance of a claim or a right of security was based on falsified or incorrect information or if a material violation of law upon preparing the list of creditors submitted to the court occurs, the court shall rehear the acceptance of the claim or the right of security at the request of the creditor, debtor or trustee.

(4) A court shall adjudicate the request specified in subsection 2 of this section by a court ruling within 30 days after receipt of the request. If necessary, a court may extend the term provided in the first sentence of this subsection by up to 30 days. The participants in the proceedings may submit the evidence permitted in actions. The court does not collect evidence at its own initiative. An appeal against the ruling may be filed by the trustee, the debtor who filed an objection and the creditor who filed or received an objection. Appeals may be filed against the circuit court ruling on the appeal against the ruling.

§ 107. Content of request for acceptance

A creditor may request acceptance of a claim in court only on the same basis as and to the extent not exceeding the claim which the creditor filed for defence in the proof of claim.

§ 108. Definition of bankruptcy estate

(1) The assets of a debtor become the bankruptcy estate on the basis of the bankruptcy ruling and are used as assets designated for satisfying the claims of the creditors and conducting the bankruptcy proceedings.

(2) The bankruptcy estate comprises the assets of the debtor at the time of the declaration of bankruptcy, the assets reclaimed or recovered and the assets acquired by the debtor during the bankruptcy proceedings.

(2¹) Upon death of a debtor, the estate of the debtor becomes the bankruptcy estate on the basis of a bankruptcy ruling and is used as assets designated for satisfying the claims of the creditors and conducting the bankruptcy proceedings regarding an estate. The bankruptcy estate comprises the estate of the person at the time of the declaration of bankruptcy, the assets reclaimed or recovered and the assets which a successor acquires on the basis of the rights included in the estate or out of the estate or as compensation for the destruction of, damage to or seizure of objects included in the estate.

(3) The debtor's assets which pursuant to law are not subject to a claim shall not be included in the bankruptcy estate.

§ 109. Definition of recovery

(1) In recovery, the court shall, on a basis provided for in §§ 110–114 of this Act, revoke transactions which were concluded or other acts which were performed by the debtor before the declaration of bankruptcy and which damage the interests of the creditors.

(2) Where a transaction subject to recovery is concluded or any other act subject to recovery is performed during the period from the appointment of an interim trustee or trusted practitioner until the declaration of bankruptcy, the transaction or act is presumed to have damaged the interests of the creditors.

(2¹) The provisions of subsection 2 of this section do not apply to:

1) entry into a financial collateral agreement, establishment, supplementation or replacement of financial collateral or disposal of the object of financial collateral;

2) entry into a collateral agreement or provision of collateral in order to secure a netting agreement within the meaning of subsection 1 of § 229⁴ of the Securities Market Act or a qualifying financial transaction covered by it or disposal of the object of such collateral agreement;

3) the netting performed through a settlement system or linked system provided in the Payment and Settlement Systems Act;

4) close-out netting within the meaning of § 229² of the Securities Market Act;

5) assignment of a claim the purpose of which is the formation of a cover pool for covered bonds in accordance with the provisions of §§ 31¹ and 31⁶ of the Covered Bonds Act.

(3) For the purposes of this Chapter, disposal of an object in execution proceedings is also deemed to be a transaction.

(4) Where bankruptcy is declared on the basis of an insolvency petition that was filed during the validity of the debt restructuring plan of the debtor, the calculation of commencement of the term for the recovery of transactions is based on the appointment of the trusted practitioner who was appointed on the basis of subsection 4 of § 34 of the Natural Person Insolvency Act.

§ 110. General bases for recovery of transactions

(1) A court shall revoke transactions concluded:

1) during the period from the appointment of an interim trustee or trusted practitioner until the declaration of bankruptcy;

2) within one year before the appointment of an interim trustee or trusted practitioner if the other party knew or should have known that the transaction damages the interests of the creditors;

3) before commencement of the term specified in clause 2 of this subsection if the transaction was concluded within three years before the appointment of an interim trustee or trusted practitioner and the debtor intentionally damaged the interests of the creditors by the transaction and the other party to the transaction knew or should have known that the debtor damaged the interests of the creditors by the transaction;

4) within five years before the appointment of an interim trustee or trusted practitioner if the debtor intentionally damaged the interests of the creditors by the transaction and the other party to the transaction was a person connected with the debtor and knew or should have known of the damage.

(2) If a transaction was concluded within six months before the appointment of an interim trustee or trusted practitioner, the other party to the transaction is presumed to have known that the debtor damaged the interests of the creditors by the transaction.

(3) A person connected with a debtor is presumed to know that the debtor intentionally damaged the interests of the creditors by a transaction.

(4) A derivative transaction and netting agreement specified in subsection 1 of § 48 of this Act, the inclusion of qualifying financial transactions specified in § 229³ of the Securities Market Act in the netting agreement and the application of close-out netting within the meaning of § 229² of the same Act are not subject to recovery unless it is evident that the sole purpose of the transaction was to harm other creditors and the counterparty to the transaction was aware thereof and the transaction was entered into within one year before the appointment of an interim trustee.

(5) A transaction for the purpose of forming a cover pool for covered bonds in accordance with the provisions of §§ 31¹ and 31⁶ of the Covered Bonds Act shall not be recovered.

§ 111. Recovery of gratuitous contract

(1) A court shall revoke a gratuitous contract if the contract was entered into:

1) within one year before the appointment of an interim trustee or trusted practitioner or during the period from the appointment of an interim trustee or trusted practitioner until the declaration of bankruptcy;

2) before the beginning of the term specified in clause 1 of this subsection but within five years before the appointment of an interim trustee or trusted practitioner if the donee was a person connected with the debtor, unless the donee or the debtor proves that the debtor was solvent at the time of entry into the contract and did not become insolvent due to the entry into the gratuitous contract.

(2) If a gratuitous contract was entered into within one year before the appointment of an interim trustee or trusted practitioner, the contract is presumed to have damaged the interests of the creditors.

(3) A court may revoke a contract of sale, barter agreement or any other contract on the bases provided for in subsection 1 of this section if due to a disparity in the obligations of the parties it is evident that the contract had even partly the nature of a gratuitous contract.

(4) Benefits and customary gifts which correspond to the financial situation of a debtor are not subject to recovery.

§ 112. Recovery of Subdivision of joint property

A court shall revoke the marital property contract between a debtor and his or her spouse, the registered partnership contract between a debtor and his or her registered partner in so far as it relates to proprietary rights, or the agreement on the division of joint property whereby the debtor assigned his or her assets or share in the joint property to a material extent, if marriage was contracted or the registered partnership contract or the agreement on the division of joint property was entered into:

1) within one year before the appointment of an interim trustee or trusted practitioner or during the period from the appointment of an interim trustee or trusted practitioner until the declaration of bankruptcy;

2) before commencement of the term specified in clause 1 of this section but within five years before the appointment of an interim trustee unless the debtor or his or her spouse or registered partner proves that the debtor was solvent at the time of dividing the property or assigning the assets and did not become insolvent due to division of the joint property or assignment of the assets.

§ 113. Recovery of performance of financial obligations

(1) A court shall revoke the performance of a financial obligation to the benefit of a creditor if the obligation was performed:

1) during the period from the appointment of an interim trustee or trusted practitioner until the declaration of bankruptcy;

2) within three months before the appointment of an interim trustee or trusted practitioner if the obligation was performed by unusual means of payment or before the due date for performance or in preference of one creditor to another or if the debtor was insolvent at the time of the performance and the creditor was or should have been aware of the insolvency;

3) within two years before the appointment of an interim trustee or trusted practitioner to the benefit of a person connected with the debtor unless the person or the debtor proves that the debtor was solvent at the time of the performance and did not become insolvent due to the performance of the obligation.

(2) A person connected with a debtor is presumed to be aware of the debtor's insolvency.

§ 113¹. Restrictions on recovery of transactions made in reorganisation proceedings

(1) Where reorganisation proceedings have been conducted in respect of a debtor, a transaction cannot be recovered in subsequent bankruptcy proceedings if by this transaction:

1) the creditor funded the debtor in the reorganisation proceedings in order to approve and comply with the reorganisation plan and the court approved the amount, sources and conditions of such funding by the reorganisation plan (hereinafter new funding);

2) the creditor funded the debtor at the time between the filing of a petition for reorganisation proceedings and the approval of the reorganisation plan and this was on reasonable terms and immediately necessary for the continuation of activities of the undertaking or for the preservation or increasing of its value (hereinafter intermediate funding).

(2) In the bankruptcy proceedings specified in subsection 1 of this section, a reasonable and immediately necessary transaction made for advancing negotiations concerning the reorganisation plan is not subject to recovery solely for the reason that such transaction damaged the interests of all creditors, provided that the court has approved the reorganisation plan and the transaction was not made after the time when the debtor was no longer able to perform its obligations that had fallen due. The purposes of the specified transaction are, inter alia:

1) to make payments for and cover the expenses of seeking professional advice on the matters closely related to the negotiations concerning the reorganisation plan, its adoption or approval or the reorganisation proceedings;

2) to pay the salaries and wages of employees that have fallen due;

3) other payments made as part of the usual economic activities.

(3) In the bankruptcy proceedings specified in subsection 1 of this section, a reasonable and immediately necessary transaction made for advancing the implementation of the reorganisation plan is not subject to recovery solely for the reason that such transaction damaged the interests of all creditors, provided that the transaction was made in accordance with the reorganisation plan.

§ 114. Recovery of security

(1) A court shall revoke the grant of security if the security was granted:

1) during the period from the appointment of an interim trustee or trusted practitioner until the declaration of bankruptcy;

2) in order to secure an obligation which had arisen within six months before the appointment of an interim trustee or trusted practitioner if the debtor was not required to grant such security at the time when the obligation arose or if the debtor was insolvent at the time of granting the security and the person in whose favour the security was granted was or should have been aware of the insolvency;

3) within two years before the appointment of an interim trustee or trusted practitioner if the security was granted in favour of a person connected with the debtor unless the person or the debtor proves that the debtor was solvent at the time of granting the security.

(2) Grant of security shall not be recovered if the security was granted in order to secure a loan or any other credit agreement and after granting the security the debtor came into possession of the amount of money corresponding to the value of the security pursuant to the secured contract, except in the case specified in clause 3 of subsection 1 of this section.

(3) A person connected with a debtor is presumed to be aware of the debtor's insolvency.

(4) A transaction entered into for the exercise of the rights or performance of the obligations arising from a financial collateral agreement and collateral established to secure a derivative transaction or a netting agreement specified in clause 1 of subsection 1 of § 48 of this Act or a qualifying financial transaction covered by such agreement are not subject to recovery.

§ 115. Application of provisions on recovery to transactions with immovables

Transactions which after declaration of bankruptcy are concluded with immovables, ships entered in the ship register or securities included in the bankruptcy estate and are valid pursuant to subsection 1 of § 56 of the Law of Property Act, subsection 1 of § 7 of the Law of Maritime Property Act or subsection 2 of § 9 of the Securities Register Maintenance Act may be revoked pursuant to the provisions on recovery on the same basis as transactions concluded during the period from the appointment of an interim trustee or trusted practitioner until declaration of bankruptcy.

§ 116. Recovery in respect of legal successors

(1) A claim for recovery may be filed also against the universal successor of the person who concluded the transaction or performed the act to be recovered.

(2) A claim for recovery may be filed against a singular successor of a party to a transaction concluded by a debtor if:

1) at the time of acquiring the assets, the singular successor was aware of the circumstances on the basis of which the transaction or act of the debtor was subject to recovery;

2) the assets received were acquired by the singular successor free of charge.

(3) If a singular successor specified in subsection 2 of this section was connected with the debtor at the time of the acquisition, the successor is presumed to have been aware of the circumstances on the basis of which the transaction of the debtor was subject to recovery.

(4) A claim for recovery may be filed on the bases specified in subsection 2 of this section also against a person who has acquired a right of use or any other right to the recoverable object from a singular successor of a party to a transaction concluded by a debtor.

§ 116¹. Recovery of transaction made by successor, executor of will or administrator of estate in bankruptcy proceedings regarding estate

(1) Upon death of a debtor, a court shall revoke transactions by which a successor, the executor of the will or the administrator of the estate has satisfied the claim specified in clause 3 of subsection 1 of § 142 of the Law of Succession Act or the claim for a compulsory portion out of the estate:

1) during the period from the appointment of an interim trustee until declaration of bankruptcy;

2) after the opening of the succession if the claim was satisfied in a different order than provided in § 142 of the Law of Succession Act or in preference of one creditor to another if the estate was insolvent at the time of performing the obligation and the successor, the executor of will or the administrator of the estate knew or should have known this;

3) after the opening of the succession, to the benefit of a person connected with a successor of the debtor, the executor of the will or the administrator of the estate unless the person connected therewith or a successor of the debtor, the executor of the will or the administrator of the estate proves that the estate was solvent at the time of the performance and did not become insolvent due to the performance of the obligation.

(2) A person connected with a successor, the executor of the will or the administrator of the estate is presumed to be aware of the insolvency of the estate. A person connected with a successor of the debtor, the executor of the will or the administrator of the estate is deemed to be a person connected with a successor of the debtor, the executor of the will or the administrator of the estate specified in subsection 1 of § 117 of this Act.

(3) The expenses specified in clause 1 of subsection 1 of § 142 of the Law of Succession Act shall not be recovered.

(4) Recovery shall not preclude the filing of claims against a successor of the debtor to compensate for the damage specified in subsection 4 of § 142 and subsections 2 and 5 of § 143 of the Law of Succession Act and against the executor of the will to compensate for the damage specified in subsection 1 of § 83 of the Law of Succession Act.

§ 117. Persons connected with debtor

(1) The following persons are deemed to be connected with a debtor who is a natural person:

1) the spouse or registered partner of the debtor even if the marriage was contracted or the registered partnership contract was entered into after the conclusion of the transaction subject to recovery, and the former spouse of the debtor if the marriage was divorced within one year before the conclusion of the transaction or the registered partner if the registered partnership contract was terminated within one year before the conclusion of the transaction;

2) persons who live in a shared household with the debtor or who lived in a shared household with the debtor during the year preceding the conclusion of the transaction subject to recovery;

3) the debtor's ascendants and descendants and their spouses or registered partners;

4) the debtor's sisters and brothers and their descendants and spouses or registered partners;

5) the ascendants, descendants, brothers and sisters of the debtor's spouse or registered partner.

(2) The following persons are deemed to be connected with a debtor who is a legal person:

1) the members of the management bodies, the liquidator, procurator and the person responsible for the accounting of the legal person;

2) the shareholders of the legal person who hold more than one-tenth of the votes determined by shares;

3) such partner or member in the legal person who is liable for the obligations of the debtor additionally with his or her assets;

4) the subsidiaries of the company and the members of the management bodies of the subsidiaries;

5) natural and legal persons who share significant economic interests with the debtor;

6) the persons connected with the persons specified in clauses 1–4 of this subsection as specified in subsection 1 of this section.

(3) A court may consider a person close to a debtor but not specified in subsection 1 or 2 of this section to be connected with the debtor.

§ 118. Recovery procedure

(1) Recovery is effected by filing an action with a court. A claim for recovery shall be filed by the trustee.

(2) The term for filing of claims for recovery is three years after the declaration of bankruptcy.

§ 119. Consequences of recovery of assets

(1) If a court revokes a transaction by way of recovery procedure, the other party is required to return the proceeds of the transaction to the bankruptcy estate together with the fruits and other gain.

(1¹) The provisions of this section concerning the consequences of the recovery of transactions apply correspondingly to the consequences of the recovery of obligations.

(2) In the case specified in subsection 1 of this section, the other party who was or should have been aware of the circumstances which were the basis for recovery shall compensate for the gain which could have been received for the recovered items in adherence to the rules of regular management but was not received due to the fault of the party.

(3) If the proceeds of a recovered transaction are destroyed or damaged or cannot be returned for any other reason, the other party shall compensate for the value or the decrease in the value thereof if the party was or should have been aware of the circumstances on which recovery was based.

(4) If the other party to a recovered transaction has transferred something to the debtor on the basis of the transaction, it shall be returned to the party or, if return is impossible, the value of that which was transferred shall be compensated for pursuant to subsection 1 of § 146 of this Act.

(5) If the other party to a transaction knew or should have known at the time of entry into the transaction that the transaction damages the interests of other creditors, the other party may demand compensation for that which was transferred to the debtor only as a creditor in the bankruptcy proceedings. In such case, the other party's claim for compensation is deemed to be accepted and shall be satisfied in the same ranking as the claims specified in clause 3 of subsection 1 of § 153 of this Act.

(6) The claims specified in subsection 4 or 5 of this section may be filed within six months after the entry into force of the court judgment on the basis of which assets were recovered from the other party to the transaction by way of recovery procedure or, if the other party transferred the assets subject to recovery to the bankruptcy estate without a court judgment, as of the date of the transfer.

§ 120. Estate

(1) If a debtor has the right to receive an estate or legacy after the declaration of bankruptcy, the acceptance or waiver of the estate or legacy shall be decided only by the debtor.

§ 121. Termination of common ownership, community or civil law partnership

(1) If a debtor is a co-owner of or a partner with regard to a thing or owns a common right together with a third person, the trustee may demand that the common ownership, partnership or community be terminated and the assets be divided. The share retained by the debtor as a result of the division shall be included in the bankruptcy estate.

(2) Agreements which preclude or restrict termination of common ownership, civil law partnership or community or determine a term for cancellation with regard to the termination do not apply in bankruptcy proceedings.

§ 122. Subdivision of joint property

(1) The trustee shall claim division of the joint property of the debtor and his or her spouse or registered partner. In the event of a dispute, the trustee shall file an action against the debtor's spouse or registered partner to divide the joint property. When participating in the action together with the trustee, the debtor has the right to give statements only. The debtor's bankruptcy estate includes the share of the joint property retained by the debtor as a result of the division of the joint property.

(4) The debtor's spouse or registered partner may claim the division of the joint property of the debtor and himself or herself and the exclusion of his or her share from the bankruptcy estate. In the event of a dispute over the inclusion of an object in the debtor's bankruptcy estate or the division of joint property, the debtor's spouse or registered partner may file an action against the trustee. When participating in the action together with the trustee, the debtor has the right to give statements only. The debtor has the right to participate in the proceedings together with the trustee. As a party to the proceedings, the debtor has the right to give statements only.

§ 123. Exclusion of assets from bankruptcy estate

(1) Objects belonging to third persons shall not be included in a bankruptcy estate. If a third person has a claim for the return of an object belonging to the person, the trustee shall return the object (exclusion of property). The person claiming the exclusion of the property is not deemed to be a creditor in the bankruptcy proceedings as regards the claim for exclusion.

(2) A trustee shall ensure that property be preserved until the return thereof.

(3) An application for exclusion of property shall be submitted to the trustee unless otherwise provided by law.

(4) If a trustee transfers the property specified in subsection 1 of this section or if the property is not preserved, the person having the right for exclusion has the right to receive compensation in money for the property out of the bankruptcy estate pursuant to the procedure provided for in clause 1 of subsection 1 of § 146 of this Act. If the trustee transfers the property specified in subsection 1 of this section although he or she knows or should know that the property does not belong to the debtor, or if the property is not preserved due to the fault of the trustee, the entitled person may claim compensation for the damage also from the trustee.

(5) If a debtor sells the property specified in subsection 1 of this section before the declaration of the bankruptcy of the debtor and the person having the right of exclusion does not have a claim for restitution against the person who acquired the property, the person with the right of exclusion has the right to demand that:

1) the claim for payment of the selling price be assigned to the person unless the person acquiring the property has already paid the price, or

2) the proceeds of the transfer be paid out of the bankruptcy estate if the selling price was paid after the declaration of bankruptcy, or

3) the person be permitted to participate in the bankruptcy proceedings as a creditor if the selling price was paid to the debtor before the declaration of bankruptcy.

§ 124. Definition of administration of bankruptcy estate

(1) A trustee shall take possession of the property of the debtor and commence administration of the bankruptcy estate immediately after the bankruptcy ruling is made. The trustee shall reclaim the property of the debtor which is in the possession of third persons for the bankruptcy estate unless otherwise provided by law.

(2) Administration of a bankruptcy estate comprises performance of acts with the bankruptcy estate which are necessary for preserving the bankruptcy estate and conducting the bankruptcy proceedings, and management of the activities of the debtor if the debtor is a legal person, or organisation of the business activities of the debtor if the debtor is a sole proprietor.

(3) In the bankruptcy proceedings of a debtor who is a legal person, the trustee has such rights and obligations of the management board or of the body substituting for the management board of the legal person which are not contrary to the objective of the bankruptcy proceedings. The liability of the trustee shall be equal to the liability of the members of the management body.

(4) A trustee may conclude a transaction with bankruptcy estate in cash only with the permission of the court. A trustee shall deposit the cash received for the bankruptcy estate within two working days after the receipt of the cash. If there are safe conditions for keeping cash, the trustee may, with the permission of the court, keep up to 1280 euros of the bankruptcy estate in cash. A trustee shall not make payments to the creditors in cash on the basis of the distribution ratio.

§ 125. Prohibited transactions and transactions requiring consent of bankruptcy committee

(1) A trustee shall not conclude transactions with himself or herself or with persons related to him or her using the bankruptcy estate or a share thereof or conclude any other transactions of similar nature or involving a conflict of interest or request reimbursement of the expenses incurred in such transactions pursuant to § 66 of this Act.

(2) Persons related to a trustee include:

1) the spouse of the trustee, and the former spouse of the trustee if the marriage was divorced within one year before the conclusion of the transaction;

1¹) the registered partner of the trustee, and the registered partner with whom the registered partnership contract was terminated within one year before the conclusion of the transaction;

2) persons who live in a shared household with the trustee or who lived in a shared household with the trustee during the year preceding the conclusion of the transaction;

3) ascendants and descendants of the trustee and their spouses or registered partners, sisters and brothers of the trustee, the ascendants and descendants and sisters and brothers of the trustee's spouse, registered partner and of the person specified in clause 2 of this subsection;

4) a legal person the shares of which belong either wholly or partially to the trustee or the persons specified in clauses 1–3 of this subsection or to whose management body the trustee belongs or with whom the trustee has entered into an employment contract.

(3) A trustee may conclude transactions with special relevance to the bankruptcy proceedings only with the consent of the bankruptcy committee.

(4) Borrowing, above all, is deemed to be a transaction with special relevance specified in subsection 3 of this section. If the bankruptcy estate includes an enterprise the activities of which continue after the declaration of bankruptcy, all transactions outside the regular business activities of the enterprise are also deemed to be transactions with special relevance.

§ 126. Inventory of bankruptcy estate

(1) After declaration of bankruptcy, the trustee shall prepare an inventory of the bankruptcy estate indicating the composition and value of the assets, including the debtor's debts and claims by category.

(2) The value of each object included in the bankruptcy estate shall be indicated. If the bankruptcy estate includes an enterprise, the estimated value of the enterprise or a part thereof in the event of continuation of the activities of the enterprise or transfer of the enterprise or a part thereof as a set of assets shall be assessed in addition to the value of the objects belonging to the enterprise.

(3) An inventory shall set out separately the objects which third persons demand or may demand to be excluded from the bankruptcy estate, and the objects which are jointly owned by the debtor and a third person, including the objects in the joint ownership of the debtor and his or her spouse or registered partner.

(4) An inventory shall set out the names and seats or residences of all known creditors and the bases and sizes of their claims. The inventory shall set out separately whether and which of the claims are secured by the debtor's assets.

(5) An inventory shall set out the possibilities for setting off claims.

(6) A trustee shall submit an inventory of the bankruptcy estate to the first general meeting of creditors, to the court and the bankruptcy committee and present the inventory to each creditor for examination at the request thereof. The trustee shall present the inventory to the debtor for examination.

§ 127. Trustee's report at first general meeting of creditors

(1) At the first general meeting of creditors, the trustee shall present a report on the financial situation and the reasons for the insolvency of the debtor and present the calculation of the remuneration of the trustee and the costs of the bankruptcy proceedings. The report and the calculation shall be appended to the minutes of the meeting.

(2) If the bankruptcy estate includes an enterprise, the report of the trustee shall, in addition to that provided for in subsection 1 of this section, set out the possibilities for rehabilitating the enterprise of the debtor and reaching a compromise. The trustee shall also ascertain the opportunities for satisfying the claims of the creditors in the event of rehabilitating the enterprise, making a compromise or selling the bankruptcy estate. The trustee shall assess the sizes of the consolidated obligations and the costs of the bankruptcy proceedings in the event of the immediate sale of the bankruptcy estate.

§ 128. Organisation of accounting of debtor

(1) If a debtor is an accounting entity, the trustee shall be liable for organising the accounting of the debtor as of declaration of the bankruptcy of the debtor.

(2) As of declaration of bankruptcy, a new financial year begins. The term for submitting the annual report for the previous financial year to the registrar commences as of the declaration of bankruptcy. The provisions of the second sentence do not apply if dissolution of the debtor who is a legal person is decided.

(3) An auditor may be appointed for auditing the annual report of the financial year preceding the declaration of bankruptcy by the court on the proposal of the trustee. The costs of the audit are deemed to be a consolidated obligation.

§ 129. Deciding on rehabilitation or termination of activities of enterprise

(1) If a bankruptcy estate includes an enterprise, the trustee shall prepare a plan for continuing the activities of the enterprise (rehabilitation plan) or make a proposal for terminating the activities of the enterprise.

(2) The measures required for the rehabilitation of an enterprise shall be prescribed in a rehabilitation plan. The rehabilitation plan shall also set out whether it would be expedient to make a compromise.

(3) A trustee shall present the rehabilitation plan for approval or the proposal for terminating the activities of the enterprise to the first general meeting of creditors.

(4) A general meeting shall either approve the rehabilitation plan submitted by the trustee or decide that the activities of the enterprise be terminated. The general meeting may make a proposal to the trustee to submit a new rehabilitation plan or submit a rehabilitation plan instead of the proposal for terminating the activities of the enterprise.

(5) If a general meeting of creditors finds that rehabilitation has failed regardless of the rehabilitation plan, the general meeting may decide that the activities of the enterprise be terminated.

(6) A trustee shall submit a decision on termination of the activities of an enterprise to the court for approval immediately. The court shall decide on the approval of the decision by a ruling within fifteen days after submission of the decision to the court. The court shall not approve the decision on termination of the activities of the enterprise if the procedure for organising the general meetings of creditors or for adoption of decisions has been violated.

(7) If a general meeting of creditors decides to terminate the debtor who is a legal person concurrently with termination of the activities of the enterprise, the trustee shall submit the decision of the general meeting to the court for approval pursuant to the procedure provided for in subsection 2 of § 130 of this Act.

(8) If it is more expedient to sell an enterprise as a set of assets in bankruptcy proceedings, the general meeting, on the proposal of the trustee, may decide that the activities of the enterprise be continued until the sale of the enterprise.

§ 130. Dissolution and liquidation of legal person

(1) If a general meeting of creditors decides to terminate the activities of an enterprise of the debtor who is a legal person, the meeting shall also decide on dissolution of the legal person.

(2) A trustee shall immediately submit a decision to dissolve a legal person to the court for approval. The court shall decide on the approval of the decision by a ruling within 15 days after submission of the decision to the court. The court shall not approve the decision to terminate the legal person if the procedure for organising the general meetings of creditors or for adoption of decisions has been violated. If the decision of the general meeting is approved, the legal person is deemed to be dissolved as of the adoption of the decision on dissolution.

(3) If a legal person is dissolved in the course of bankruptcy proceedings, the liquidation of the legal person shall be conducted by the trustee. Liquidation shall be commenced or the liquidation commenced before the appointment of an interim trustee shall be continued by the trustee after the court ruling approving the decision to terminate the activities of the enterprise and dissolve the legal person has been made. Liquidation shall be completed by the end of the bankruptcy proceedings.

(5) In the event of liquidation of a legal person, the trustee in bankruptcy shall prescribe the funds for preservation of the documents prepared or received as a result of the activities of the person and shall be responsible for preservation of the documents until they have been transferred to a person providing custody services or to an archive.

(6) A legal person shall not be liquidated regardless of the decision to dissolve the legal person if:

1) the bankruptcy proceedings are terminated due to a compromise;

2) the bankruptcy proceedings are terminated on the basis provided for in § 159 of this Act;

3) the bankruptcy proceedings are terminated on the basis provided for in § 160 of this Act in the case the debtor is not permanently insolvent.

(7) A court shall decide not to dissolve a legal person and shall make a corresponding ruling on the proposal of the trustee on the bases provided for in clauses 1 and 3 of subsection 6 of this section or on the proposal of the debtor on the basis provided for in clause 2 of subsection 6 of this section.

(8) If the bankruptcy proceedings are terminated on the basis provided for in § 160 of this Act and the debtor who is a legal person is permanently insolvent, the debtor shall be liquidated.

§ 131. Termination of activities of enterprise before first general meeting

(1) If continuation of the activities of an enterprise of a debtor until the first general meeting of creditors is evidently harmful to the creditors, especially, if it results in a material decrease in the bankruptcy estate, the trustee may terminate the activities of the enterprise of the debtor also before the first general meeting of creditors with the consent of the court. The trustee shall submit the reasoned application for termination of the activities of the enterprise to the court. The court shall adjudicate the application by a ruling.

(2) In order to decide on termination of the activities of an enterprise the opportunities to rehabilitate the enterprise and the possible decrease in the value of the enterprise as a result of immediate termination of the activities of the undertaking, above all, shall be taken into consideration.

(3) Before submitting an application for termination of the activities of an enterprise, a trustee shall notify the debtor of the intention to terminate the activities of the enterprise and shall hear the opinion of the debtor if it can be heard without delay.

(4) A general meeting of creditors may decide in favour of continuation of the activities of an enterprise also if the court has satisfied the application submitted by the trustee for termination of the activities of the enterprise.

§ 132. Trustee's report on bankruptcy estate

(1) A trustee shall submit a report to the court and the bankruptcy committee setting out the following:

1) the reason for the insolvency and the time the debtor became insolvent;

2) information concerning opportunities for recovery of assets;

3) an opinion on the existence of criminal elements relating to the bankruptcy and information concerning the notification given of the criminal offence;

4) other circumstances relevant to the bankruptcy proceedings.

(2) If a debtor is an accounting entity, the trustee shall annex the last annual accounts prepared by the debtor to the report.

(3) A trustee shall submit the report after ascertaining the facts specified in subsection 1 of this section but not later than three months after the declaration of bankruptcy. The court may extend the term for submitting the report with good reason.

(4) A trustee shall present the report for examination to each creditor at his or her request.

§ 132¹. Professional payment account

(1) In order to conduct bankruptcy proceedings, a trustee in bankruptcy may open one debtor-based payment account with a credit institution operating in Estonia or an Estonian branch of a foreign credit institution (hereinafter professional payment account).

(2) With the consent of the bankruptcy committee, a trustee in bankruptcy may open additional professional payment accounts in order to conduct bankruptcy proceedings. If no bankruptcy committee has been formed or if the bankruptcy committee refuses to grant the consent, the trustee in bankruptcy may request the court to grant the consent.

(3) A trustee in bankruptcy opens a professional payment account in his or her name.

(4) A professional payment account is opened for the professional activity of the trustee in bankruptcy and the amounts received in the account are not part of the estate or bankruptcy estate of the trustee in bankruptcy and no claims for payment can be filed with regard to the amounts in the enforcement proceedings initiated against the trustee in bankruptcy. A trustee in bankruptcy is required to indicate this in the additional terms and conditions of the agreement on opening the account.

(5) Where necessary, a trustee in bankruptcy may open a professional securities account with a credit institution operating in Estonia or an Estonian branch of a foreign credit institution. The procedure provided in subsections 3 and 4 of this section applies to the opening of the account and the terms and conditions of the agreement.

(6) A trustee in bankruptcy closes a professional payment account immediately after the end of the bankruptcy proceedings. On the basis of the request of a trustee in bankruptcy, the court may set a different time limit for closing the account. Where necessary, a trustee in bankruptcy may also open a new account after the end of the bankruptcy proceedings.

(7) Where a court releases a trustee in bankruptcy during the proceedings and appoints a new trustee, the released trustee transfers the funds in the professional payment account immediately to the professional payment account opened by the new trustee or the account of the debtor.

§ 132². Use of professional payment account

(1) A professional payment account shall only be used for conducting the bankruptcy proceedings. Payments from the account may be made only on the grounds provided in this Act. The details of the professional payment account shall be indicated in all reports prepared by the trustee in bankruptcy.

(2) Were a trustee in bankruptcy opens a professional payment account, this account shall be used for conducting the bankruptcy proceedings, unless there is reason to use another account.

(3) The remuneration of a trustee in bankruptcy shall not be transferred to the professional payment account. Money received in the professional payment account shall not be used by the trustee in bankruptcy for bearing the maintenance costs of the office.

(4) A trustee in bankruptcy shall maintain separate records of money in the professional payment account, in particular of money that any creditors or the debtor have failed to accept.

(5) A trustee in bankruptcy shall be liable for the legitimate use of the professional payment account.

§ 133. General principles of sale of assets

(1) A trustee may commence the sale of the bankruptcy estate after the first general meeting of creditors unless the creditors have decided otherwise at the meeting.

(2) If a debtor appeals the bankruptcy ruling, the debtor's assets shall not be sold without the consent of the debtor before the hearing of the appeal filed with the circuit court.

(3) The restrictions specified in subsections 1 and 2 of this section do not apply to the sale of assets which are highly perishable, depreciates rapidly in value or is excessively expensive to store or preserve.

(4) If the activities of an enterprise of the debtor continue, the assets shall not be sold if this hinders continuation of the activities of the enterprise.

§ 134. Sale of assets in case of compromise proposal

(1) If a proposal for compromise is submitted, assets shall not be sold before the compromise has been made unless the general meeting of creditors decides that the assets may be sold regardless of the compromise proposal.

(2) Regardless of the provisions of subsection 1 of this section, assets may be sold if the sale of the assets is in accordance with the proposal for compromise or if the assets meet the criteria specified in subsection 3 of § 133 of this Act.

§ 135. Procedure for sale of assets

(1) A trustee shall sell the bankruptcy estate pursuant to the procedure provided for in the Code of Enforcement Procedure taking into account the specifications prescribed by this Act.

(2) With the consent of the trustee, a debtor who is a natural person may sell the immovables or rights included in the bankruptcy estate himself or herself. After selling the assets, the debtor shall submit a report on the proceeds of the sale to the trustee.

(2¹) The provisions of subsection 2 of this section concerning the debtor also apply to a successor of the debtor.

(3) The trustee shall decide on the order in which assets are sold.

§ 136. Sale of assets at auctions

(1) Bankruptcy estate is sold by auction pursuant to the procedure provided by the Code of Enforcement Procedure unless otherwise provided by this Act.

(2) The starting price of assets shall be determined by the trustee and approved by the bankruptcy committee.

(3) At a repeated auction, a trustee may reduce the starting price of the assets by 50 per cent. The starting price may be further reduced only with the consent of the bankruptcy committee.

(4) A trustee shall prepare a report on an auction. The format of the report shall be established by the minister in charge of the policy sector.

§ 137. Sale of assets without auction in more profitable manner

(1) A general meeting of creditors may require the trustee by a precept to sell the assets without an auction if the sale of assets in another manner is more profitable.

(2) If a general meeting does not issue a precept specified in subsection 1 of this section to the trustee but the trustee finds that sale of the bankruptcy estate without an auction would be more profitable, the estate may be sold without an auction in a more profitable manner with the consent of the bankruptcy committee.

§ 138. Specifications concerning sale of objects encumbered with security over movables

(1) With the consent of the trustee, a pledgee may sell the object of a security over movables. A pledgee who sells assets shall submit a report concerning the proceeds of the sale to the trustee.

(2) If a trustee intends to sell the object of security over movables in any other manner than by auction, the trustee shall notify the pledgee of the intention and of the manner of the sale. Unless the pledgee subsequently notifies the trustee within seven days of an opportunity to sell the pledged object in a more profitable manner, the trustee may sell the pledged object in the manner intended.

(3) If a pledgee notifies a trustee of an opportunity specified in subsection 2 of this section but a contract for the sale of the pledged object is not entered into or the selling price is not paid within three days as of notification of the opportunity, the trustee may sell the pledged object in the manner intended.

(4) If the object of security over movables is sold, the right of security terminates.

(5) The provisions of subsections 1–3 of this section do not apply if an enterprise or an organisationally independent part of an enterprise encumbered with a commercial pledge is sold as a set of assets.

§ 139. Sale of immovables encumbered with mortgage

(2) If a trustee sells an immovable included in the bankruptcy estate at an auction, only such rights encumbering the immovable which have a ranking higher than the right which was entered first in the land register and according to which forced sale of the immovable may be demanded remain in force. The rest of the rights encumbering the immovable which are entered in the land register are deemed to have extinguished.

(3) The rights entered in the land register which have the same ranking as the right which was entered first in the land register and according to which forced sale of the immovable may be demanded remain in force only if forced sale of the immovable cannot be demanded according to such rights.

(4) The rights encumbering an immovable which are deemed to have extinguished pursuant to subsection 2 of this section shall be deleted from the land register on the basis of an application of the trustee. The report on the auction shall be annexed to the application. The consent of the person concerned is not necessary for deletion.

(5) If the sale of an immovable at an auction fails, the rights encumbering the immovable shall be deleted only with the consent of the holders of the rights. If a mortgagee or the holder of a real encumbrance refuses to grant the consent, the mortgagee or the holder loses the right to demand satisfaction of a claim in the bankruptcy proceedings to the part secured by the mortgage or real encumbrance. In such case, a claim secured by the mortgage or arising from the real encumbrance may be invoked with regard to the person who acquired the immovable to the extent to which the claim was accepted in the bankruptcy proceedings.

§ 140. Term for sale of objects encumbered with pledge

If an object included in the bankruptcy estate is encumbered with a right of security or any other real right which grants to a creditor the right to demand forced sale of the encumbered object, the trustee shall sell the encumbered object within three months or, if the encumbered object is an immovable, within four months as of the time when the trustee was entitled to commence the sale of the bankruptcy estate taking into account the provisions of § 133 and §134.

§ 141. Sale of enterprise

(1) A trustee may sell an enterprise or an organisationally independent part of an enterprise only with the consent of the bankruptcy committee.

(2) An enterprise or an organisationally independent part of an enterprise may be sold without an auction only with the consent of the general meeting of creditors if the person acquiring the enterprise or the person who directly or indirectly holds more than one-fifth of the participating interest in the legal person acquiring the undertaking is:

1) a person connected with the debtor;

2) a creditor whose claims are estimated to constitute more than one-fifth of the total amount of the claims filed in the bankruptcy proceedings.

§ 142. Validity of transactions

Violation of the provisions of §137 or §141 of this Act does not result in the nullity of the corresponding transaction.

§ 146. Payments relating to bankruptcy proceedings

(1) Before payment of money on the basis of distribution ratios, payments relating to the bankruptcy proceedings shall be made out of the bankruptcy estate in the following order:

1) claims arising from the consequences of exclusion or recovery of assets;

2) the maintenance support paid to the debtor and his or her dependants;

21) in the bankruptcy proceedings regarding an estate, the expenses specified in clause 1 of subsection 1 of § 142 of the Law of Succession Act.

3) consolidated obligations;

4) the costs of the bankruptcy proceedings.

(1¹) The payment of reimbursement of the remuneration of an interim trustee and the necessary expenses incurred in the performance of his or her duties shall be made taking into account the provisions in the third sentence of subsection 6 of § 31 of this Act.

(2) If the assets subject to distribution are not sufficient for the satisfaction of all the claims with the same ranking, payments shall be made in proportion to the sizes of the corresponding claims.

§ 147. Payment of maintenance support

(1) If a debtor who is a natural person is deprived of his or her means of support due to bankruptcy, the court shall order payment of necessary support to the debtor and his or her dependants out of the bankruptcy estate for up to two months on the basis of an application of the debtor. The court may extend such term with good reason.

(2) An application specified in subsection 1 of this section may be filed also by a person whom a debtor is required to maintain pursuant to law.

§ 147¹. Specifications of payments relating to bankruptcy proceedings in bankruptcy proceedings regarding estate

(1) Where a payment specified in clause 2¹ of subsection 1 of § 146 of this Act is based on a court decision, the trustee in bankruptcy makes the payment pursuant to the general procedure to the extent specified in the court decision.

(2) Where a payment specified in clause 2¹ of subsection 1 of § 146 of this Act is not based on a court decision, the trustee in bankruptcy may refuse to make the payment fully or in part where the making of this payment is not reasoned. The trustee informs the person who filed the claim for payment of the refusal and its reasons.

(3) Where a trustee has refused to make a payment in accordance with subsection 2 of this section, the person seeking payment may file a petition with the court for determining the amount of the payment specified in clause 2¹of subsection 1 of § 146 of this Act within 15 days after the time when the trustee informed the person of the refusal.

(4) The amount of expenses payable from the bankruptcy estate shall be determined by a ruling of the court on the basis of a petition of the person seeking payment. Appeals may be filed against the ruling by the trustee and the person who has filed the petition.

§ 148. Consolidated obligations

(1) Consolidated obligations are:

1) obligations arising from transactions and other acts performed by a trustee in the performance of his or her duties in the bankruptcy proceedings;

1¹) the expenses of administration of the bankruptcy estate by the trustee during the bankruptcy proceedings regarding the estate;

2) obligations arising from contracts which the debtor has failed to perform, if the trustee has continued performance of the obligations or given notification that he or she intends to require performance of the contract;

3) taxes relating to continuation of the business activities of the debtor;

4) obligations to compensate for the damage caused during the bankruptcy proceedings by an unlawful action of a debtor who is a legal person;

5) other obligations deemed to be consolidated obligations pursuant to this Act.

(2) If a bankruptcy estate is not sufficient for the performance of a consolidated obligation, the trustee is required to compensate for the damage caused to the creditor if the trustee foresaw or should have foreseen upon entry into the transaction or continuation of the performance of the transaction that the bankruptcy estate was not sufficient for the performance of the consolidated obligation but failed to give notification to the corresponding creditor.

§ 149. Performance of consolidated obligations

(1) Performance of consolidated obligations may be required from the debtor during the bankruptcy proceedings pursuant to the general procedure. Execution proceedings may be conducted with regard to the bankruptcy estate in order to perform a consolidated obligation.

(2) If a consolidated obligation arises on a basis specified in clause 2 of subsection 1 of § 148 of this Act, execution proceedings for the performance of the consolidated obligation shall not be conducted within six months as of the declaration of bankruptcy.

(3) The prohibition provided for in subsection 2 of this section does not apply to:

1) claims arising from a contract if the trustee has required performance of the contract pursuant to the provisions of subsection 1 of § 46 of this Act;

2) claims which arise from a contract for an indefinite period after the date when the trustee was first entitled to cancel the contract;

3) claims arising from a contract for an indefinite period if in the administration of the bankruptcy estate the trustee has accepted even partial performance of an obligation arising from the contract for the other party to the contract.

§ 150. Costs of bankruptcy proceedings

(1) The costs of bankruptcy proceedings are:

1) procedural expenses;

2) remuneration of the interim trustee or trusted practitioner;

3) remuneration of the trustee;

4) remuneration of the members of the bankruptcy committee;

5) the necessary expenses incurred by the interim trustee or trusted practitioner and the trustee in the performance of their duties;

6) the amount paid as a deposit on the basis of § 11 or § 30 of this Act.

7) the expenses of the Insolvency Division on special audit or conducting bankruptcy proceedings by public investigation;

8) the funding specified in subsection 1 of § 113¹ of this Act.

(2) If a bankruptcy petition is satisfied or bankruptcy is declared on the basis of an insolvency petition, or the bankruptcy proceedings are terminated by a compromise, the costs of the bankruptcy proceedings shall be paid out of the bankruptcy estate.

(3) If a court dismisses or refuses to hear the bankruptcy petition or insolvency petition of a creditor or if the proceedings are terminated due to withdrawal of the bankruptcy petition or insolvency petition by the creditor, the costs of the bankruptcy proceedings shall be paid by the creditor.

(4) In the event of abatement of bankruptcy proceedings, the court shall decide on the division of the costs of the bankruptcy proceedings according to the circumstances.

(5) An appeal may be filed against a court ruling on the costs of bankruptcy proceedings.

§ 151. Obligation to deposit money

(1) Upon satisfying claims, the trustee shall deposit the money which is necessary for making the payments specified in subsection 1 of § 146 of this Act and the money which is subject to payment on the basis of the estimated distribution ratios corresponding to the disputed claims in an Estonian credit institution or the Estonian branch of a foreign credit institution.

(2) A trustee is not required to deposit the money subject to payment on the basis of the estimated distribution ratios corresponding to disputed claims if, before the end of the disputes concerning the claims and the rights of security securing the claims, payments are made on the basis of the distribution ratios in order to satisfy only claims with a ranking preceding the ranking of the contested claims and no claims of the preceding ranking have been disputed.

§ 152. Satisfaction of contingent claims

(1) If payments are made on the basis of distribution ratios, a claim with a suspensive condition shall be taken into account in full and the corresponding amount shall be deposited. If the suspensive condition is not fulfilled within three years as of the end of the bankruptcy proceeding, the condition is deemed to be not fulfilled. After the expiry of the term the court may, at the request of an entitled person, extend the term for fulfilment of the condition if necessary, determining the end of the term. If a contingent claim decreases over time, but the condition itself is not fulfilled, the court shall order making of payments from the deposited money to the creditors.

(2) A claim with a suspensive condition shall not be taken into account upon making payments if payments are made on the basis of distribution ratios and fulfilment of the condition is so unlikely that the claim has no proprietary value.

§ 153. Rankings of claims

(1) After the payments specified in subsection 1 of § 146 of this Act have been made, the claims of the creditors shall be satisfied in the following rankings:

1) accepted claims secured by a pledge, to the extent provided for in subsection 2 of this section;

2) other accepted claims which were filed within the specified term;

3) other claims which were not filed within the specified term but were accepted;

4) in the bankruptcy proceedings regarding an estate, the claims specified in clause 3 of subsection 1 of § 142 of the Law of Succession Act and the claims for compulsory portions.

(1¹) The costs specified in subsection 2 of § 192⁷ of this Act are paid out proportionately, together with the claims specified in clause 2 or 3 of subsection 1 of this section.

(2) Claims secured by a pledge shall be satisfied first to the extent of the money received from the sale of the pledged object from which the payments specified in subsection 1 of § 146 of this Act in proportion to the ratio of the amount of money received from the sale of the pledged object to the total amount of money received from the sale of the bankruptcy estate, but not more than one-tenth of the amount of money received from the sale of the pledged object, have been deducted. In addition, a trustee may reimburse all the direct expenses relating to the administration and sale of the pledged object out of the money received from the sale of the pledged object.

(2¹) Money received from the sale of the pledged object is deemed to include money transferred by an enforcement agent to a bankruptcy estate on the basis of subsection 4 of § 17 of this Act or subsection 2 of § 51¹ of the Code of Enforcement Procedure. The expenses specified in subsection 4 of § 17 of this Act or subsection 2 of § 51¹ of the Code of Enforcement Procedure, except for the direct expenses relating to the administration and sale of the pledged object, shall also be taken into account upon deducting not more than one-tenth of the amount of money received from the sale of the pledged object in accordance with the provisions of subsection 2 of this section.

(3) If a pledged object has been encumbered with several rights of security, the claims shall be satisfied according to the rankings of the rights of security out of the money received from the sale of the pledged object. The expenses specified in subsection 2 of this section are divided between the pledgees in proportion to the share of the proceeds of the sale of the pledged object.

(4) If a claim secured by a pledge is not satisfied in full out of the money received from the sale of the bankruptcy estate, the rest of the claim shall be satisfied together with the claims specified in clause 2 of subsection 1 of this section. This does not apply if a bankrupt has pledged the assets thereof in order to secure a debt of a third person.

(4¹) If it is prescribed in the agreement that the claim of a creditor is satisfied in a lower ranking than provided in subsection 1 of this section, the claim shall be satisfied in the ranking prescribed in the agreement.

(5) Claims of a lower ranking are satisfied after the claims of the preceding ranking have been satisfied in full.

(6) If the estate is not sufficient for satisfying all the claims of the same ranking, the claims shall be satisfied in proportion to the sizes of the claims.

(7) If, prior to commencement of bankruptcy proceedings regarding an estate, calling proceedings for determining the obligations of the bequeather have been conducted in the succession proceedings and a creditor had to report his or her claim, the claim of the creditor shall be satisfied after fully satisfying other claims in the same ranking.

§ 154. Distribution ratio

(1) A distribution ratio is the proportion of the money received from the sale of a bankruptcy estate which a creditor has the right to receive on the basis of an accepted claim of the corresponding ranking.

(2) A trustee shall commence payment of money on the basis of the distribution ratios after the approval of the list of creditors as the money is received. Money shall be paid with the consent of the bankruptcy committee, taking into account the payments specified in subsection 1 of § 146 of this Act. If no bankruptcy committee has been formed or if the bankruptcy committee refuses to grant the consent to the payment of money, the trustee may request the court to grant the consent.

(3) A trustee shall send information to the creditors about the payments of money concerning the payments specified in subsection 1 of § 146 of this Act and concerning deposits of money in credit institutions, the proceeds of the sale of each pledged object, the assets which have been received for the bankruptcy estate and are subject to distribution and the unsold part of the bankruptcy estate and the assets which the debtor is to receive from other persons.

§ 155. Loss of right to distribution ratio

(1) If acceptance of an amount of money belonging to a creditor on the basis of the distribution ratio is delayed, the amount shall be deposited.

(2) If a creditor fails to accept the money belonging to the creditor on the basis of the distribution ratio within two years after the money was deposited, the creditor shall lose the right to the money. In such case, the money deposited shall be divided between the rest of the creditors or, in the case of the bankruptcy of an insurer or credit institution, the court may, on the proposal of the trustee, allow to transfer the balance of assets, the distribution expenses of which are apparently higher than the balance, to the Guarantee Fund.

§ 156. Assets to be returned to debtor

(1) The assets which remain after payments out of the bankruptcy estate have been made and the claims of the creditors have been satisfied in full shall be returned to the debtor.

(2) If a debtor who is a legal person is terminated but assets remain after payments out of the bankruptcy estate have been made and the claims of the creditors have been satisfied in full, such assets shall be paid to persons who would have had the right to the assets of the legal person in the event of termination of the legal person without bankruptcy proceedings.

§ 157. Bases for termination of bankruptcy proceedings

Bankruptcy proceedings terminate:

2) in the event of abatement of the bankruptcy proceedings (§ 158);

3) if the basis for bankruptcy ceases to exist (§ 159);

4) with the consent of the creditors (§ 160);

5) by approval of the final report (§ 163);

6) by approval of a compromise (§ 183);

7) on other bases provided by law.

§ 158. Abatement of bankruptcy proceedings after declaration of bankruptcy

(1) If a bankruptcy estate is not sufficient for making the payments necessary for covering the consolidated obligations and the costs of the bankruptcy proceedings, the trustee shall immediately notify the court thereof.

(2) After the notification specified in subsection 1 of this section, the trustee shall make payments from the bankruptcy estate pursuant to the provisions of § 146 of this Act. The trustee is required to sell the unsold part of the bankruptcy estate unless this is not possible without a considerable delay and would result in unreasonable expenses. The creditors with consolidated claims do not have the rights specified in § 149 of this Act.

(3) After performing the acts specified in subsection 2 of this section, a trustee shall submit a report containing the information specified in subsections 2 and 3 of § 162 of this Act to the court.

(4) After receipt of a report of a trustee, the court shall terminate the bankruptcy proceedings by abatement on the proposal of the trustee if the court establishes that the bankruptcy estate is not sufficient for making the payments necessary for covering the consolidated obligations and the costs of the bankruptcy proceedings. If the claims have been defended by the time of termination of the proceedings, the court ruling shall set out the extent to which each creditor's claim is accepted and the claims against which the debtor filed an objection. By this, the debtor who is a legal person is deemed dissolved.

(4¹) Where the proceedings for the release from obligations have been initiated in respect of a debtor who is a natural person but the defence of claims has not been completed by the time of termination of the proceedings on the basis of the provisions of the first sentence of subsection 4 of this section, it shall be completed before the termination of the proceedings and the court shall approve the list of creditors.

(5) A court shall not terminate bankruptcy proceedings by abatement before the debtor has taken the oath provided for in § 86 of this Act if the court has required the debtor to take the oath and it is possible to administer the oath.

(5¹) Before terminating bankruptcy proceedings on the basis of subsection 4 of this section, the court shall, if the debtor is a legal person, make a proposal to the Insolvency Division to file an application for conducting bankruptcy proceedings by public investigation, setting a reasonable term for filing the application.

(6) A court shall not terminate proceedings on the basis of subsection 4 of this section if a creditor or a third person pays the amount ordered by the court for covering the consolidated obligations and the costs of the bankruptcy proceedings to the prescribed account as a deposit or if the court satisfies the application of the Insolvency Division for conducting bankruptcy proceedings by public investigation.

§ 159. Termination of bankruptcy proceedings after basis for bankruptcy has ceased to exist

(1) A court shall terminate bankruptcy proceedings on the basis of an application of the debtor if the debtor proves that the debtor is not insolvent or that the debtor is not likely to become insolvent, if the bankruptcy was declared because the debtor was likely to become insolvent.

(2) If the decision of a general meeting to terminate a debtor who is a legal person has been approved by the court before termination of the bankruptcy proceedings pursuant to subsection 1 of this section, the court ruling on termination of the bankruptcy proceedings shall set out that the legal person will not be terminated.

(3) Where also the proceedings for the release from obligations have been initiated in respect of a debtor who is a natural person and the proceedings have not yet terminated by the time of filing of the application specified in subsection 1 of this section, the court terminates together with the bankruptcy proceedings also the proceedings for the release from obligations on the basis of § 52 of the Natural Person Insolvency Act. Where the proceedings for the release from obligations have already been terminated, the court may annul the ruling on the release from obligations on the basis of subsection 1 of § 51 of the Natural Person Insolvency Act.

§ 160. Termination of bankruptcy proceedings with consent of creditors

(1) A court shall terminate bankruptcy proceedings on the basis of the application of the debtor if all the creditors who filed their claims within the specified term have granted consent to the termination of the proceedings.

(2) If a creditor whose claim has been disputed by the trustee or the debtor or is secured by a pledge does not consent to the termination of the proceedings, the court shall decide whether termination of the proceedings is possible without the consent of the creditor or without granting security to the creditor.

(3) If a debtor who is a legal person is permanently insolvent, the court shall decide on the liquidation of the debtor who is a legal person by a ruling on termination of the proceedings. The trustee shall liquidate the debtor who is a legal person within two months after entry into force of the specified ruling and submit an application for deletion of the legal person from the register. The trustee shall confirm in the application for deletion of the debtor from the register that there are no hindrances to the deletion from the register.

(4) Where also the proceedings for the release from obligations have been initiated in respect of a debtor who is a natural person and the proceedings have not yet terminated by the time of filing of the application specified in subsection 1 of this section, the court terminates together with the bankruptcy proceedings also the proceedings for the release from obligations on the basis of § 52 of the Natural Person Insolvency Act. Where the proceedings for the release from obligations have already been terminated, the debtor who is a natural person shall not file the application specified in subsection 1 of this section.

§ 161. Termination procedure in exceptional cases

(1) A notice concerning submission of an application for termination of bankruptcy proceedings on a basis provided for in § 159 or 160 of this Act shall be published in the official publication Ametlikud Teadaanded. The notice shall set out the time and place for examining the documents and consents of the creditors on which the application is based and contain an explanation that objections may be filed to the application pursuant to subsection 2 of this section.

(2) Creditors may file objections to an application for termination of bankruptcy proceedings with the court within ten days as of publication of the notice specified in subsection 1 of this section.

(3) Proceedings shall not be terminated before the trustee has made the payments specified in § 146 of this Act and submitted a report containing the information specified in subsection 2 of § 162 of this Act to the court.

(4) A court shall make a decision on the termination of the proceedings by a ruling after the term specified in subsection 2 of this section has expired and the payments specified in subsection 3 of this section have been made. Before deciding on termination, the court shall hear the opinions of the debtor, the trustee in bankruptcy and the bankruptcy committee. If an objection is filed, the court shall also hear the opinion of the creditor who filed the objection.

(4) A court shall make a decision on the termination of the proceedings by a ruling after the term specified in subsection 2 of this section has expired and the payments specified in subsection 3 of this section have been made. Before deciding on termination, the court shall hear the opinions of the debtor, the trustee in bankruptcy and the bankruptcy committee. Where an objection is filed, the court shall also hear the opinion of the creditor who filed the objection. In case of a debtor who is a natural person in respect of whom proceedings for the release from obligations have been initiated and for whom a trusted practitioner has been appointed, the court also hears the opinion of the trusted practitioner.

§ 162. Submission of final report

(1) A trustee shall submit the final report to the bankruptcy committee and the court:

1) when the claims of the creditors have been satisfied in full;

2) when the bankruptcy estate has been sold and money has been paid on the basis of the distribution ratios;

3) if it is not possible to sell the whole bankruptcy estate, and the bankruptcy committee has given consent to the submission of the final report.

(2) A final report shall set out:

1) information concerning the bankruptcy estate and the money received from the sale thereof;

2) information concerning the payments specified in § 146 of this Act;

3) information concerning the money paid on the basis of the distribution ratios, broken down by the rankings of the claims;

4) information concerning the proceeds of the sale of each pledged object;

5) information concerning the unsold part of the bankruptcy estate and the assets to be received by the debtor from other persons;

6) information concerning the activities of the trustee in the administration of the bankruptcy estate;

7) the part of the accepted claim of each creditor for which the creditor has not received money;

8) information concerning the hearing of actions filed in the bankruptcy proceedings and concerning actions which the trustee intends to file;

9) the court expenses and the necessary expenses incurred by the interim trustee or trusted practitioner and the trustee;

10) other circumstances relevant to the bankruptcy proceedings.

(3) A trustee shall set out in the final report whether insolvency was caused by an act with criminal elements, a grave error in management, or other circumstances, and whether the trustee has submitted a petition for the commencement of criminal proceedings.

(4) If a debtor is a legal person and is liquidated, the final balance sheet shall be annexed to the final report. The trustee shall immediately send the final report approved by the court and the final balance sheet presented therewith to the registration department of Tartu County Court.

§ 162¹. Deposit of amount prescribed to cover costs of bankruptcy proceedings

A court may, at the request of a trustee, order the deposition of the money required to cover the remuneration of the trustee and the necessary expenses in the account determined by the court on the basis of the information provided in the final report. No payments shall be made to the trustee before the ruling by which the court terminates the bankruptcy proceedings has entered into force.

§ 163. Termination of bankruptcy proceedings by approval of final report

(1) A trustee shall publish a notice in the official publication Ametlikud Teadaanded setting out the time and place for examining the final report, and an explanation that objections to the final report shall be filed pursuant to subsection 2 of this section.

(2) Creditors may file objections to the final report with the court within ten days as of publication of a notice specified in subsection 1 of this section.

(3) A court shall decide on the approval of a final report and termination of the bankruptcy proceedings by a ruling within ten days after expiry of the term for filing objections. The court may hold a session for hearing the objections.

(4) A court ruling on termination of bankruptcy proceedings shall set out the extent to which each creditor has not received money for the accepted claim thereof and the claims to which an objection of the debtor applies.

(5) A court ruling on termination of bankruptcy proceedings shall set out whether the insolvency of the debtor was caused by an act with criminal elements, a grave error in management, or other circumstances. If the insolvency of the debtor was caused by an act with criminal elements, the court shall notify the prosecutor or the police thereof for deciding on the commencement of criminal proceedings. The notification shall not be based on the information the use of which as evidence would be excluded in accordance with subsection 4 of § 85 of this Act. If the insolvency of the debtor was caused by a grave error in management, the trustee is required to file a claim for compensation for damage against the person liable for the error unless such claim has been filed already.

(6) A court shall refuse to approve a final report and return it to the trustee by a ruling for continuing the bankruptcy proceedings if it becomes evident from the final report that the rights of the debtor or the creditors have been violated in the bankruptcy proceedings.

(7) A notice concerning termination of bankruptcy proceedings shall be published in the official publication Ametlikud Teadaanded.

§ 164. Filing of appeals against rulings

(1) A debtor may file an appeal against the ruling by which the court terminates the bankruptcy proceedings.

(2) A creditor may file an appeal against the ruling on termination of the bankruptcy proceedings if the creditor has filed an objection against the application for termination of the proceedings pursuant to subsection 2 of § 161 or subsection 2 of § 163 of this Act.

(3) Appeals may be filed against the circuit court ruling on the appeal against the ruling specified in subsection 1 or 2 of this section.

§ 165. Term of bankruptcy proceedings and release of trustee

(1) If bankruptcy proceedings are not terminated within two years after the declaration of bankruptcy, the trustee shall submit a report to the bankruptcy committee and the court setting out the following:

1) the reasons why the bankruptcy proceedings have not been completed;

2) information concerning the sold and unsold parts of the bankruptcy estate;

3) information concerning administration of the bankruptcy estate.

(2) A trustee shall submit the report specified in subsection 1 of this section once every six months until the termination of the bankruptcy proceedings.

(3) A court shall release a trustee upon termination of the bankruptcy proceedings unless otherwise provided by law.

(4) A court may refuse to release a trustee if by the time of termination of the bankruptcy proceedings, the bankruptcy estate has not been sold in full, money is still to be received for the bankruptcy estate, the actions filed by the trustee have not been heard, or the trustee intends or is required to file an action. In such case, the trustee shall continue performance of his or her duties also after termination of the bankruptcy proceedings.

(5) After performance of the duties specified in subsection 4 of this section, the trustee shall submit a report to the court. The court shall decide on the release of the trustee by a ruling after receipt of the report of the trustee.

§ 166. Subsequent distribution

(1) If, after the end of the bankruptcy proceedings and release of the trustee, money is received in the bankruptcy estate, the amounts deposited upon distribution become available or it becomes evident that the bankruptcy estate includes objects which were not taken into account in conducting the bankruptcy proceedings, the court shall make a ruling on subsequent distribution on its own initiative or on the basis of the application of the trustee or a creditor.

(2) For the purposes of subsequent distribution, the court shall appoint a trustee who need not be the original trustee.

(3) Subsequent distribution shall be carried out in accordance with the distribution ratios prescribed in the list of creditors.

(4) If subsequent distribution is ordered because the bankruptcy estate includes objects which were not taken into account in conducting the bankruptcy proceedings, the trustee must seize the objects on the basis of the court ruling specified in subsection 1 of this section pursuant to the procedure provided for in the Code of Enforcement Procedure.

(5) As a prerequisite for subsequent distribution, the court may require the applicant to pay the amount ordered by the court for covering the expenses relating to the subsequent distribution to the prescribed account as a deposit.

(6) A court may refuse to carry out the subsequent distribution and leave the amount of money received or deposited or the object included in the bankruptcy estate to the person specified in subsection 2 of § 156 of this Act if the amount or the value of the object is disproportionately small taking into account the expenses relating to the subsequent distribution.

(7) The court shall decide on the release of the trustee by a ruling after receipt of the report of the trustee.

§ 167. Filing of claims after termination of bankruptcy proceedings

(1) After termination of bankruptcy proceedings, claims which could have been but were not filed during the bankruptcy proceedings and claims which were filed but were not satisfied or against which the debtor filed an objection may be filed by the creditors against the debtor pursuant to the general procedure. In such case, interest and fines for delay shall not be calculated for the period of the bankruptcy proceedings.

(2) A claim specified in subsection 1 of this section shall not be filed if the claim has expired due to release of the debtor from the obligations thereof pursuant to the provisions of § 50 of the Natural Person Insolvency Act.

(3) After termination of bankruptcy proceedings, creditors may also file claims arising from consolidated obligations which were not satisfied in the bankruptcy proceedings against the debtor.

(4) Claims arising during bankruptcy proceedings which cannot be filed in the bankruptcy proceedings may also be filed against the debtor pursuant to the general procedure. In such case, the limitation period commences as of termination of the bankruptcy proceedings.

§ 168. Ruling on termination of bankruptcy proceedings as execution document

A ruling specified in subsection 4 of § 158 or subsection 4 of § 163 of this Act is an execution document to the extent that a claim of a creditor accepted in the bankruptcy proceedings was not satisfied in the bankruptcy proceedings, unless the debtor has filed an objection to the claim pursuant to subsection 1 of § 104 of this Act or the court has accepted the claim of the creditor in the case specified in subsection 2 of § 104 of this Act.

§ 178. Definition of compromise

(1) Compromise means an agreement between a debtor and the creditors concerning payment of debts and involves reduction of the debts or extension of their terms of payment.

(2) A compromise is made in bankruptcy proceedings on the proposal of the debtor or the trustee after the declaration of bankruptcy. A general meeting of creditors or the bankruptcy committee may assign the trustee with the duty to draft the compromise proposal.

(3) A compromise decision shall be made by a general meeting of creditors. The court shall decide on the approval of the compromise by a ruling.

§ 179. Compromise proposal

(1) A compromise proposal shall set out to which extent and by which date the debtor is to pay the debts. The compromise proposal shall contain proof that the debtor is able to pay the debts to the extent and by the date indicated. If the debtor engages in business or professional activity, the plan for continuing the business or professional activity and the rehabilitation plan of the enterprise shall be annexed to the proposal.

(2) A compromise proposal may be filed until approval of a list of creditors by the court.

§ 180. Decision on making compromise

(1) A compromise is made at a general meeting of creditors concerning all claims against the debtor which have been filed by the time of making the compromise (compromise decision). The compromise decision shall set out the term of validity of the compromise.

(2) A compromise decision shall be made after the list of creditors has been approved.

(3) A compromise is deemed to be made if at least one-half of the creditors present whose claims constitute at least two-thirds of the total amount of all claims vote in favour. Where an appeal against the ruling on the approval of the list of creditors has been filed in respect of acceptance of the claim of a creditor and this ruling has not entered into force by the time of making the compromise decision in respect of the claim of the creditor, the creditor participates in voting on the compromise proposal on the basis of the claim determined by the court in the list of creditors.

§ 181. Participation of creditors with claims secured by pledge in voting

(1) A creditor whose claim is secured by a pledge shall vote on a compromise only if the claim is not fully secured by the pledge. In such case, the claim of the pledgee shall be taken into account in voting only to the extent that the claim would presumably not be satisfied out of the proceeds of the sale of the pledged object. In the event of a dispute, the size of the secured part of the claim shall be determined by the trustee.

(2) If invocation of a claim arising from the right of security of a creditor who is the pledgee is requested to be precluded for more than ninety days by a compromise proposal, the claim of the creditor who is the pledgee shall be fully taken into account in voting.

§ 182. Restriction of rights of pledgees

(1) If a debtor engages in business or professional activity and according to the compromise the pledged object is necessary for continuing the activities of the enterprise of the debtor, the claim secured by the pledge shall not be invoked during the term determined by the compromise.

(2) If a pledgee votes against a compromise, the term specified in subsection 1 of this section shall not exceed one year.

(3) If invocation of a claim secured by a pledge has been postponed in accordance with a compromise proposal due to necessity of the pledged object for continuing the activities of the enterprise of the debtor and the period of the postponement is longer than those applicable to the other pledgees, interest prescribed by the compromise proposal shall be paid to the pledgee for the difference in the periods. If the compromise proposal does not prescribe the amount of the interest, the interest provided by law shall be paid.

(4) The interest specified in subsection 3 of this section shall be calculated on a claim secured by a pledge or, if the claim is larger than the amount of money presumably received from the sale of the pledged object, on such amount.

§ 183. Approval of compromise

(1) A trustee shall immediately submit a compromise decision to the court for approval. The court shall decide on approval of the compromise by a ruling within fifteen days after the date of submission of the compromise decision to the court.

(2) A court shall not approve a compromise if the compromise has been made in violation of the requirements provided for in this Act or by fraud.

(3) If a court refuses to approve a compromise decision due to violation of the requirements provided for in this Act in the making of the compromise, the trustee shall call a new general meeting of creditors within fifteen days as of the making of the ruling on refusal to approve the compromise.

(4) The creditors, the debtor and the trustee may file appeals against a ruling by which the court has approved or refused to approve a compromise. Appeals may be filed against the circuit court ruling on the appeal against the ruling.

(5) A trustee shall publish a notice concerning the approval of a compromise in the official publication Ametlikud Teadaanded. The notice shall set out, inter alia, the circumstances specified in § 186 of this Act, and the transactions for the conclusion of which the debtor needs the consent of the trustee (subsection 2 of § 189).

§ 184. Consequences of compromise

(1) A court ruling approving a compromise terminates the bankruptcy proceedings and the proceedings for the release from obligations on the basis of § 52 of the Natural Person Insolvency Act.

(2) On the basis of the ruling, the debtor recovers the right to administer his or her assets and the sale of the assets shall be terminated. Money received from the sale of the assets which has not been transferred to creditors shall be transferred to the debtor.

(3) The obligation to perform the consolidated obligations and pay the costs of the bankruptcy proceedings, and in case of the proceedings for the release from obligations the costs of the trusted practitioner, transfers to the debtor.

(4) If bankruptcy proceedings are terminated by approving the compromise decision, the trustee or the members of the bankruptcy committee shall not be released and they have the rights and obligations specified in §§ 188–190 of this Act.

(5) A compromise does not release a person who bears liability for an obligation solidarily with the debtor from the performance of his or her obligation. If the person who bears liability for an obligation solidarily with the debtor performs the obligation, the person has the right of recourse against the debtor only to the extent to which the debtor would be liable for performance of the obligation according to the compromise.

(6) A compromise approved by a court is an execution document with regard to the claims accepted in the bankruptcy proceedings. If the compromise consists in the extension of the terms for the payment of debts, the claims concerned by the compromise shall not be invoked during the term specified by the compromise.

§ 185. Validity of restrictions on cancellation

The provisions of §§ 50–53 of this Act apply also during the term of validity of a compromise.

§ 186. Credit for continuation of business activities

(1) A compromise may prescribe that the claims of the persons who have granted credit to the debtor in order to enable the debtor to continue the business activities thereof shall be given priority over the claims of the other creditors in the bankruptcy proceedings conducted if the compromise is annulled.

(2) If a compromise prescribes that the claims of the persons specified in subsection 1 of this section shall be given priority, in full or in part, over the claims secured by a pledge, the claims of the creditors who are the pledgees shall be taken into account in full in voting on the compromise proposal.

(3) A compromise shall prescribe the maximum amount of the claims to be satisfied pursuant to subsection 1 of this section.

(4) A person who has granted credit to a debtor in order to enable the debtor to continue the business activities thereof has the right to demand satisfaction of the person's claim pursuant to subsection 1 of this section only if the debtor has agreed with the creditor to which extent the principal claim, interest and collateral claims arising from the credit are to be satisfied pursuant to subsection 1 of this section, and the trustee has granted his or her written consent to such agreement.

§ 187. Claims of new creditors

The preferential right to the satisfaction of the claim of a creditor specified in § 186 applies also to creditors whose claims against the debtor have arisen from an agreement during the term of validity of the compromise.

§ 188. Recovery in compromise

A trustee has the right recover assets for the bankruptcy estate during the term of validity of a compromise.

§ 189. Supervision over performance of compromise

(1) A trustee and the bankruptcy committee shall exercise supervision over the performance of a compromise.

(2) A compromise may prescribe that during the term of validity of the compromise the debtor may conclude the transactions specified by the compromise only with the consent of the trustee. In such case, transactions specified by the compromise which are concluded without the consent of the trustee are void.

(3) If a compromise prescribes that the debtor may conclude transactions only with the consent of the trustee, a notation concerning the restraint on disposition shall be made in the register and the provisions of §§ 40 and 41 of this Act apply correspondingly.

(4) If the trustee ascertains that the debtor is unable to meet the requirements to which the compromise applies, the trustee shall immediately notify the court and the bankruptcy committee thereof.

(5) A trustee is required to submit a report on his or her activities and on the fulfilment of the compromise to the court and the bankruptcy committee once a year.

(6) A trustee shall be remunerated for the exercise of supervision. The amount of the remuneration shall be determined by the compromise.

§ 190. Annulment of compromise

(1) A court may annul a compromise at the request of the trustee or a creditor with regard to whom the compromise applies if:

1) the debtor is convicted of a bankruptcy offence or a criminal offence relating to execution procedure;

2) the debtor fails to perform the duties arising from the compromise;

3) upon expiry of at least one-half of the term of validity of the compromise, it is evident that the debtor is unable to meet the requirements of the compromise.

(2) If circumstances specified in subsection 1 of this section become evident, the trustee is required to submit a request for the annulment of the compromise to the court.

(3) A request for the annulment of a compromise may be submitted only during the term of validity of the compromise.

(4) If a compromise is annulled, the bankruptcy proceedings and the proceedings for the release from obligations shall be reopened. A court shall annul the compromise and reopen the bankruptcy proceedings and the proceedings for the release from obligations by a ruling.

(5) If a compromise is annulled, the creditors whose claims decreased by the compromise have the right of claim in the initial amount, taking into account the amounts already received by the creditors.

(6) A creditor whose claim arose during the term of validity of the compromise is required to notify the trustee of the creditor's claim pursuant to the provisions of §§ 93 and 94 of this Act not later than within two months after publication of the notice specified in subsection 8 of this section.

(7) The claims to which a compromise applied are deemed to be defended. Claims arising during the term of validity of the compromise shall be defended pursuant to the procedure provided for in §§ 100–107 of this Act.

(8) A court shall publish a notice concerning annulment of a compromise and reopening of the bankruptcy proceedings and the proceedings for the release from obligations in the official publication Ametlikud Teadaanded.

§ 191. Bankruptcy petitions and insolvency petitions during term of validity of compromise

(1) During the term of validity of a compromise, bankruptcy petitions and insolvency petitions shall not be filed on the basis of the claims to which the compromise applies.

(2) If during the term of validity of a compromise a bankruptcy petition or an insolvency petition is filed with regard to the debtor on the basis of a claim to which the compromise does not apply, the court shall involve the trustee who exercises supervision over performance of the compromise in the hearing of the petition and may assign the trustee with the duties specified in § 22 of this Act. In such case, the trustee has the rights and obligations of an interim trustee.

(3) If a court establishes in the case specified in subsection 2 of this section that taking into account the provisions of the compromise there is still basis for declaring the bankruptcy of the debtor, the court shall annul the compromise and reopen the bankruptcy proceedings and the proceedings for the release from obligations by a ruling.

(4) In the case specified in subsection 3 of this section, the court shall publish the notice specified in subsection 8 of § 190 of this Act.

(5) The debtor and the petitioning creditor may file appeals against the court ruling on adjudication of the petition specified in subsection 2 of this section.

§ 192. Expiry of term of compromise

(1) Creditors whose claims are concerned by a compromise may invoke their claims which were not satisfied during the term of validity of the compromise also after expiry of the term of validity to the extent agreed by the compromise.

(2) A court shall release a trustee by a ruling after expiry of the term of the compromise.

(3) Upon expiry of the term of a compromise, the notations concerning restraints on disposition shall be deleted from the register.

§ 192¹. Competence of Insolvency Division

(1) The Insolvency Division (hereinafter in this Chapter also division) exercises supervision over the activities of the debtor and persons connected with the debtor in connection with bankruptcy proceedings of the debtor and investigates potential unlawful conduct of the debtor and persons connected with the debtor in creating insolvency or increasing solvency difficulties by performing special audits and public investigations of bankruptcy proceedings and by making proposals to the trustee in conducting bankruptcy proceedings. The division shall not exercise supervision over the persons specified in subsection 2 of § 2 of the Financial Supervision Authority Act.

(2) The division shall exercise administrative supervision over the trustees in bankruptcy in bankruptcy proceedings in connection with lawful conduct of proceedings and appropriateness of costs of bankruptcy proceedings.

(3) The division shall contribute to the development of common insolvency practices in bankruptcy, reorganisation and debt restructuring proceedings and in proceedings for the release of natural persons from their obligations.

(4) The division shall be independent in its activities.

§ 192². Formation and composition of division

(1) The Insolvency Division is formed with the Competition Authority as its independent structural unit.

(2) The statutes of the Insolvency Division shall be established by a regulation of the minister in charge of the policy sector.

(3) The division has a director and at least two officials. The officials shall have an academic degree in law or economics.

(4) The minister in charge of the policy sector shall appoint the director of the division for a term of five years after hearing the opinion of the Economic Affairs Committee of the Riigikogu. No one shall be appointed as director of the division for more than two consecutive terms.

§ 192³. Requirements for and independence of director of division

(1) The director of the division shall be of high moral character and must have the necessary abilities and personal characteristics for directing the Insolvency Division.

(2) The director of the division must have at least officially recognised Master's degree in law and he or she must be an experienced and recognised lawyer in the area of insolvency or company law.

(3) The director of the division shall be independent and impartial in the performance of his or her duties. The minister in charge of the policy sector has no right to interfere with the decision-making of the director of the division in a manner that would compromise the requirements of independence established for the director of the division by this Act.

(4) The following shall not be appointed as director of the division:

1) a person who has been convicted of an economic offence, offence against the administration of justice or offence against the state;

2) a person who is bankrupt;

3) a person in respect of whom debt restructuring proceedings have been initiated;

4) a person who, during the preceding five years, has belonged to the management board of such company in respect of which proceedings on a bankruptcy petition or bankruptcy proceedings have been terminated by abatement;

5) a person who has been removed from the office of judge, notary or enforcement agent or to whom prohibition on acting as a trustee applies;

6) a person who has been expelled from the Estonian Bar Association;

7) a person who has been released from the public service for a disciplinary offence;

8) a person whose professional activities as an auditor have been terminated except termination on the basis of the application of an auditor;

9) a person who has been deprived of the qualification of a patent agent, except deprivation of qualification on the basis of the application of a patent agent;

10) a person who has been deprived of the qualification of a sworn translator on the basis of clause 3 of subsection 3 of § 28 of the Sworn Translators Act.

(5) During his or her term of office, the director of the division shall not:

1) hold any other remunerative position or office, except for being engaged in teaching and research unless this hinders the performance of his or her functions;

2) participate in the activities of a political party;

3) belong to the management board, supervisory board or supervisory body of a company;

4) engage in enterprise, except with his or her personal investments and dividends received therefrom as well as income received from the disposal of his or her property.

§ 192⁴. Specifications of release from office and resignation of director of division

(1) The director of the division may be released from office by the minister in charge of the policy sector after hearing the opinion of the Economic Affairs Committee of the Riigikogu.

(2) The director of the division may be released from office at the request of the director of the division. The director of the division shall inform the minister in charge of the policy sector thereof at least two months in advance, or during probationary period at least 20 days in advance, except for extraordinary reasons.

§ 192⁵. Working conditions and budget of division

(1) Expenses relating to the activities of the division shall be covered from the state budget out of the funds allocated to the Competition Authority for that purpose. The Ministry of Justice and Digital Affairs shall ensure sufficient funds for the activities of the division.

(2) The working conditions of the division, including working premises and clerical support, shall be provided by the Competition Authority.

(3) The budget of the Competition Authority shall set out the expenditure for the performance of the functions of the Insolvency Division separately from the administrative expenses. The director of the division shall be independent in the use of the part of the budget designed for the performance of the functions of the division.

§ 192⁶. Ensuring of access to proceedings

A court shall ensure access to bankruptcy, reorganisation and debt restructuring proceedings and to proceedings for the release of natural persons from their obligations and proceedings related thereto for the Insolvency Division when the court receives a petition or court claim for initiation of proceedings.

§ 192⁷. Bearing of costs and compensation to Insolvency Division

(1) Costs incurred upon performing a special audit and upon conducting bankruptcy proceedings by public investigation shall be covered from the funds designated for the Insolvency Division in the budget of the Competition Authority and be compensated to the state budget in accordance with the provisions of clause 4 of subsection 1 of § 146 and clause 7 of subsection 1 of § 150 of this Act.

(2) Expenses incurred for a special audit shall be compensated out of the bankruptcy estate to the extent of up to ten per cent of the amount of payments to be made on the basis of distribution ratios to creditors with unsecured claims per bankruptcy proceedings.

§ 192⁸. Supervision over activities of debtor and persons connected with debtor

(1) The Insolvency Division shall exercise supervision over the activities of the debtor and persons connected with the debtor in connection with the bankruptcy proceedings of the debtor and for the purpose of investigating potential unlawful conduct of the debtor and persons connected with the debtor in creating insolvency or increasing solvency difficulties of the debtor if there is public interest in avoiding abatement of the bankruptcy proceedings or for the purpose of ascertaining circumstances relevant to the insolvency matter of public interest.

(2) If it becomes evident that the debtor or persons connected with the debtor have committed an act with criminal elements due to becoming insolvent, the Insolvency Division shall give notification thereof to the prosecutor or the police for deciding on the commencement of criminal proceedings. The notification shall not be based on the information the use of which as evidence would be excluded in accordance with subsection 4 of § 85 of this Act.

(3) The Insolvency Division may perform a special audit or carry out a public investigation of bankruptcy proceedings to audit the activities of the debtor and persons connected with the debtor.

(4) The Insolvency Division may submit a request to the court for imposing a prohibition on business in accordance with the provisions of § 91 of this Act.

§ 192⁹. Rights of Insolvency Subdivision in exercising supervision

(1) To exercise supervision provided in § 192⁸ of this Act, the division may apply the general measures provided in Subchapter 2 of Chapter 3 of the Law Enforcement Act and the special state supervision measures provided in § 30, subsections 1–3 of § 31, subsections 1–4 of § 32 and §§ 49–52 of the same Act on the bases of and pursuant to the procedure provided by the Law Enforcement Act, particularly if there is reason to believe that the debtor or persons connected with the debtor may hide or destroy documents relevant to the insolvency proceedings or otherwise refuse to submit information.

(2) In exercising supervision, the division has the right to obtain, immediately and free of charge, information and documents from the court, trustee, debtor, persons connected with the debtor, creditors, the general meeting of creditors, bankruptcy committee, the state and local government agencies, credit institutions, and other persons, necessary for exercising supervision, including:

1) examine the court file of the bankruptcy proceeding, trustee's file, documents of the general meeting of creditors and documents of the bankruptcy committee;

2) examine the court files of the proceedings related to the bankruptcy matter, including the court files of the proceedings in a claim filed against the trustee in bankruptcy for the compensation of damage or in a claim filed against a member of the management board for recovery;

3) examine the records maintained on the bankruptcy proceedings by the trustee, and the accounts and financial situation of the debtor;

4) obtain bank statements of the debtor's accounts concerning the period for which the division exercises supervision;

5) make electronic or paper copies of documents;

6) examine the documents of the liquidation proceedings and the bank statements of the accounts of a company to be liquidated concerning the period of the liquidation proceedings;

7) be present at the meetings of the bankruptcy committee and the general meetings of creditors and express opinions;

8) demand from the trustee the calling of a general meeting of creditors or in special circumstances call the meeting itself and chair it.

(3) Interim trustees, trusted practitioners and trustees must provide information and documents to and cooperate with the Insolvency Division also after their release from the duties.

(4) If necessary, the division has the right to use the assistance of state and local government agencies not involved in the proceedings, including the police, to perform its functions.

§ 192¹⁰. Special audit

(1) The division may, at its own discretion or at the reasoned request of a trustee in bankruptcy, perform a special audit of a debtor, persons connected with the debtor or a trustee in bankruptcy. The division may involve independent experts in the performance of a special audit or order independent expert analyses.

(2) A trustee in bankruptcy may request the performance of a special audit if the bankruptcy estate does not include sufficient funds so that the trustee in bankruptcy could perform a special audit himself or herself, but there is good reason to believe that unsecured claims can be satisfied to a greater extent as a result of a special audit or there is significant public interest in investigating the activities of the debtor or persons connected with the debtor.

(3) The Insolvency Division performs a special audit:

1) to establish the economic situation of the debtor;

2) to establish whether the bankruptcy petition has been submitted on time;

3) to establish whether possibilities for recovery exist;

4) to restore the accounting of the debtor;

5) when there are circumstances which justify the performance of a special audit.

(4) A special audit of a debtor or persons connected with the debtor may be performed to audit the activities both before and after the insolvency of the debtor. A special audit of a trustee in bankruptcy may be performed only insofar as it relates to the bankruptcy proceedings.

(5) The Insolvency Division submits a special audit report to the court and the trustee in bankruptcy. The Insolvency Division allows the debtor and the creditors, and the persons connected with the debtor and the trustee in bankruptcy concerning whom the special audit was performed to examine the report.

§ 192¹¹. Commencement of bankruptcy proceedings by public investigation

(1) A court makes a proposal to the Insolvency Division in accordance with the provisions of subsection 5 of § 30 or subsection 5¹ of § 158 of this Act to conduct bankruptcy proceedings by public investigation if a debtor who is a legal person does not have sufficient funds for conducting bankruptcy proceedings and no one has paid a deposit for covering the costs of the proceedings in accordance with § 30 or subsection 6 of § 158.

(2) Upon receiving the proposal specified in subsection 1 of this section from a court, the Insolvency Division may file a reasoned application with the court for conducting bankruptcy proceedings by public investigation if abatement of proceedings on a bankruptcy petition on the basis of § 29 of this Act or of bankruptcy proceedings on the basis of § 158 would otherwise occur and it may be at least reasonably suspected that there is public interest in the debtor's insolvency, for example, the debtor has committed an act with criminal elements in connection with becoming insolvent or has failed to submit the bankruptcy petition on time or the insolvency is caused by a grave error in management.

(3) The court satisfies a reasoned application of the Insolvency Division for commencement of bankruptcy proceedings by public investigation by a bankruptcy ruling or by a ruling on continuing bankruptcy proceedings by public investigation if the conditions specified in subsection 2 of this section are satisfied and declares bankruptcy of the debtor if bankruptcy has not been declared yet. The holding of the first general meeting of creditors shall not be determined. A ruling on conducting bankruptcy proceedings by public investigation is not subject to appeal.

(4) If the conditions specified in subsection 2 of this section are not satisfied, the court dismisses the application for conducting bankruptcy proceedings by public investigation by a ruling specified in subsection 1 or 2 of § 29 or subsection 4 of § 158 of this Act. In such case, the Insolvency Division may also file an appeal against the specified ruling.

(5) If a ruling is made on conducting bankruptcy proceedings by public investigation, the Insolvency Division may make a proposal to the court to hear the trustee, debtor or main creditors.

§ 192¹². Conducting of bankruptcy proceedings by public investigation

(1) The provisions concerning the conducting of bankruptcy proceedings apply to the conducting of bankruptcy proceedings by public investigation, taking into account the specifications prescribed for public investigation.

(2) No general meeting of creditors is called and no bankruptcy committee is formed. The competence of the general meeting of creditors and the bankruptcy committee is transferred to the Insolvency Division. The trustee performs the obligations with respect to the general meeting of creditors and the bankruptcy committee to the Insolvency Division. Issues which are within the competence of the first general meeting of creditors shall be decided within the term specified in subsection 1 of § 78 of this Act. The division exercises the competence of the general meeting of creditors and the bankruptcy committee in writing.

(3) Creditors have no right to file an appeal against the ruling on appointment of a new trustee specified in subsection 5 of § 61 of this Act or the ruling on refusal to release a trustee specified in subsection 4 of § 68 and no right to present opinions and proposals about the calculation prepared by the trustee on the basis of subsection 1 of § 66¹. The rights specified in this subsection are exercised by the Insolvency Division.

(4) Creditors shall not file complaints against the activities of the trustee in accordance with § 67 of this Act.

(5) Creditors shall not dispute the decisions of the division on the sale of bankruptcy estate that the division has made in the competence of the general meeting of creditors or the bankruptcy committee.

(6) The right of creditors to file objections against the claims of other creditors, their ranking or the rights of security securing the claims specified in this Act is transferred to the Insolvency Division. A trustee shall notify the Insolvency Division of the possibility to examine the list of creditors and file objections.

(7) A creditor may file objections in accordance with the provisions of subsection 2 of § 161 and subsection 2 of § 163 of this Act and appeals against rulings in accordance with the provisions of subsections 2 and 3 of § 164 only concerning the matters that are related to the claim of this particular creditor. Creditors shall not file the aforementioned objections and appeals concerning the costs of bankruptcy proceedings incurred by the Insolvency Division.

(8) The Insolvency Division approves the list of creditors and the final report prepared by the trustee before their submission to the court.

(9) If relevant, the division may submit the application specified in subsection 1 of § 166 of this Act to the court.

§ 192¹³. Termination of public investigation in bankruptcy proceedings

(1) Public investigation is terminated in bankruptcy proceedings on the basis provided for in clause 3 or 5 of § 157 of this Act.

(2) The division may apply to the court for terminating a public investigation in bankruptcy proceedings if the preconditions specified in subsection 2 of § 192¹¹ of this Act are no longer fulfilled.

§ 193. Application of Act to bankruptcy proceedings

(1) The provisions of this Act apply to procedural acts performed after the entry into force of this Act in bankruptcy proceedings which have commenced before the entry into force of this Act.

(2) Subsection 5 of § 33 and subsection 2 of § 39, the third sentence of subsection 2 of § 40 and the third sentence of subsection 1 of § 41 of this Act enter into force by a separate Act as of Estonia's accession to the European Union.

(3) If bankruptcy is declared before repeal of subsection 3 of § 44 of this Act, the version of subsection 3 of § 44 of this Act in force before 1 January 2010 applies to the bankruptcy proceedings.

(4) If a bankruptcy petition is accepted before 1 January 2015, subsections 3 and 4 of § 23 and § 65 of the Bankruptcy Act in the wording in force until 30 June 2014 applies to the taxation of remuneration of the interim trustee in bankruptcy and the trustee in bankruptcy, and either value added tax or social tax is added to the remuneration of an interim trustee or trustee in bankruptcy.

(5) If a bankruptcy petition is accepted before 1 February 2021, § 23, clause 5² of subsection 3 of § 55, §§ 65, 65¹, 66 and 66¹ and subsection 1 of § 127 of this Act and subsection 2 of § 183 of the Code of Civil Procedure apply to the calculation of the remuneration of interim trustees and trustees and subsection 2 of § 3, clause 6 of § 77 and Subchapter 2 of Chapter 5 of this Act and clause 9 of subsection 4 of § 132 of the Code of Civil Procedure apply to the defending and acceptance of claims in the wording in force until 31 January 2021.

(6) Subsections 4–6 of § 44 of this Act apply to the bankruptcy proceedings declared as of 1 February 2021 and subsection 5¹ of § 172 applies to the proceedings for the release of a debtor who is a natural person from his or her obligations commenced as of 1 February 2021.

(7) The provisions of § 45 of this Act do not apply to judicial mortgages established before 1 February 2021.

§ 193¹. Specification concerning requirement for education of trustee in bankruptcy

The requirement for education and work experience specified in clause 1 of subsection 1 of § 57 of this Act shall not be applied to a person who has the right to act as a trustee in bankruptcy on 31 December 2009 and such a person need not have undergone the training specified in clause 5 of the same section and failure to comply with the specified requirements shall not be the basis for deprivation him or her of the right to act as a trustee in bankruptcy.

§ 193². Suspension of running of term of obligation to file bankruptcy petition and terms provided in §§ 110–114 of this Act during emergency situation declared by Government of Republic on 12 March 2020

(1) Where a term of the obligation to file a bankruptcy petition is provided by law, the running of the term is suspended for the period beginning at commencement of the emergency situation declared by the Government of the Republic on 12 March 2020 and ending two months after termination of the emergency situation.

(2) The running of the terms provided in §§ 110–114 of this Act is suspended for the period provided in subsection 1 of this section.

§ 193³. Application of Act in insolvency proceedings of debtor who is natural person

(1) Where the proceedings for the release from obligations have been initiated in respect of a debtor who is a natural person before 1 July 2022 and more than three years remain until the decision on the release from obligations on the basis of subsection 1 of § 175 of this Act, the time remaining until the decision on the release from obligations is reduced to three years.

(2) Where a debtor who is a natural person has filed a petition for the release from obligations before 1 July 2022 on the basis of which a court decides on the initiation of the proceedings for the release from obligations, the release from obligations shall be decided when three years have passed from the initiation of the proceedings instead of the five years under subsection 1 of § 175 of this Act.

§ 194

–

§ 200

[Omitted from this text.]

§ 201. Entry into force of the Act

(1) This Act enters into force on 1 January 2004.

(2) Clause 1 of § 198 of this Act enters into force on the day following the publication of this Act in the Riigi Teataja.