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Amendments To The Insolvency Law

Original Language Title: Grozījumi Maksātnespējas likumā

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The Saeima has adopted and the President promulgated the following laws: the law of insolvency to make insolvency law (Latvian journal, 2010, 124, no. 170; 2012, No 33, 142, 188; 2013. no) the following amendments: 1. Make the text of article 7 by the following: "(1) the secured creditor is a creditor whose claim against the debtor or a third party is secured by the pledge, in the land register or ship register the mortgage on the property of the debtor. (2) the secured creditor's claim unsecured parts of the level considered as unsecured creditors, except where security is on the third party's liability. Secured creditor is entitled at any stage of the proceedings to refuse all or part of the claim for coverage by public registers accordingly. " 2. Supplement article 9 the first paragraph with the sentence the following wording: "posts in the insolvency practitioner activities are equated with public officials." 3. in article 14: Add to the second part of paragraph 7 as follows: "7) stops the administrator certificate."; to supplement the article with the seventh subparagraph by the following: "(7) the Administrator of the Association developed and adopted a code of professional ethics administrators." 4. in article 17: put the name of the article as follows: "an Administrator certificate suspension, termination and annulment"; make the first part of paragraph 2 as follows: "2) administrator with the judgment of the Court of Justice has limited capacity;" Add to article 1.1 part as follows: "(11) a certificate of the Administrator to be denied, the decision about the suspension until the administrator is direct or mediated by national regulatory authorities, derived public persons, other public authorities (municipalities) or the public service or to a corporation administrator's protracted illness, pregnancy, maternity or parental leave time."; Add to article 2.1 part as follows: "(21) decision on the administrator certificate of termination can be assumed if the administrator made the administrator of the professional code of ethics of gross violation."; to complement the fourth paragraph after the words "Administrator actions" of the certificate with the word "stop"; Supplement fifth subparagraph following the words "administrator actions" of the certificate with the word "stop". 5. Supplement article 19, first subparagraph, after the words "in the law" with the words "and of the civil law". 6. Supplement article 21 with the third and fourth subparagraph by the following: "(3) the Administrator is not in a conflict of interest situation, if the business relationship with the first paragraph of this article transaction partner administrator is the recipient of the goods or services of the counterparty's normal economic activities, for the deal is the deal and the administrator does not enjoy special advantages. (4) the Administrator shall inform all creditors and insolvency administration for business partners and the justification that he is in accordance with the provisions of the first paragraph is not in a conflict of interest situation. " 7. Replace article 24, second paragraph, the number "30" with the number "10". 8. Turn off the article 25, paragraph 2 of the names and the number "except this law, article 59 of the cases referred to in the third subparagraph." 9. Article 26: replace the third subparagraph of paragraph 2, the words "meeting of creditors" with the word "creditors"; Supplement fifth with the sentence as follows: "If the debtor applies to the annual accounts Act, the administrator shall submit to the State Revenue Department annual report and Auditor's report sworn (if such is required) copy only in cases where the administrator has taken a decision on the continuation of the debtor's business activities in full or to a limited extent." 10. Replace article 30 in the third paragraph, the word "debtor's" with the words "all creditors" and the word "him", with the word "debtor". 11. Article 33 of the expression as follows: "article 33. The legal protection process, the application of legal protection and the initiation of the process (1) the legal protection process application submitted to the Court a debt law of civil procedure. (2) the legal protection process the case suggests the law of civil procedure. " 12. Article 36: Supplement to the second part of the article as follows: "(2) the first paragraph of this article messages may be published in other registers, information systems or databases."; believe the current text of the first part of the article. 13. Article 37: turn off the first part of paragraph 7, the words "(even if identified as liquidated damages)"; to supplement the article with the fourth paragraph as follows: "(4) the debtor is obliged, at the request of the administrator in writing without delay to give him all the information about the legal protection process of drawing up the plan and coordination, as well as to present the merits of the claims of creditors of the supporting documents and provide an opportunity to examine the debtor onsite, business operation and documents." 14. Express article 38 of the seventh and eighth by the following: "(7) the legal protection process methods are not applicable in relation to the costs of legal protection, as well as the Latvian Code of administrative offences and the penalties provided for in the criminal code. (8) in the second part the proportionality principle is not applicable to the tax and wage claims of employees, as well as to compensation for damage caused by the absence of a vendor or employee. " 15. Article 40: Supplement to the fourth subparagraph of paragraph 16 as follows: "16) confirmation that the legal protection process of the action plan of the information provided in documents attached is true and derivatives correspond to the original documents."; express the sixth paragraph 2 by the following: "2) submitted by the creditor and may not in opposition to the process of legal protection measures, as well as evidence that the legal protection process of the action plan is put all creditors;"; Supplement to the eighth article as follows: "(8) the debtor is obliged to transfer those creditors whose claims are recognized as pirmsšķietam (prima facie) unfounded, administrator opinion on the legal protection process a plan simultaneously with the process of legal protection measures for submission to the Court of Justice, as well as to inform the vendor immediately of the legal protection process of the examination of the application for the day." 16. Supplement article 42 with 6.1 part as follows: "(61) in the sixth paragraph of this article referred to the claims of creditors are not included in the common the main amount of the claims of creditors, from whose account the legal protection process of the action plan for the necessary reconciliation. " 17. Article 43: Supplement to article 1.1 part as follows: "(11) in article 35 of this law, part of the third case the administrator together with the opinion of the legal protection process of the action plan was submitted to the Court puts it the debtor." to supplement the article with third, fourth, fifth and sixth the following: "(3) the Administrator may, on their own initiative if they are in the possession of the relevant information, or at the request of the vendor shall provide a reasoned opinion opinion as to whether the legal protection process of the action plan and the documents attached to the specified vendor's claim is pirmsšķietam (prima facie). If the administrator has an evidence claim pirmsšķietam (prima facie) without justification, the administrator adds the opinion. (4) if the administrator opinion any of the claims be accepted for pirmsšķietam (prima facie) unreasonable, he shall forward the opinion to the debtor, who in turn shall immediately inform the relevant vendor. (5) the debtor or creditor whose claim administrator for pirmsšķietam (prima facie) unfounded, are entitled not later than three days before the legal protection process applications for days to submit evidence to the Court about the validity of the creditor's claim. (6) if the administrator finds that the legal protection process of the action plan includes commitments for which there is reasonable doubt whether the administrator believes that the documents annexed to the plan is probably fake, it provides relevant information to the responsible national authorities. " 18. Replace article 51 in the fifth subparagraph, the figures and the words "of article 57 paragraph 9" with numbers and words "article 57, first paragraph, point 9". 19. Article 57: replace paragraph 5, the words "failure to pass" with the words "no more than two months passed; to supplement the article with the second part as follows: "(2) the first subparagraph of this article 2 and 3 of this notice may also be certified by a sworn bailiff law drawn up by the waiver to be notified."; believe the current text of the first part of the article. 20. in article 58: Supplement to the second part of the article as follows: "(2) the first paragraph of this article messages may be published in other registers, information systems or databases."; believe the current text of the first part of the article. 21. Article 59: turn off third; to make the fourth subparagraph by the following: "(4) If a meeting of creditors to cancel the proposed insolvency administration recommended and the court-appointed administrator, insolvency administration selects and recommends to the Court administrator of the new candidate for a particular legal entity insolvency proceedings." 22. Article 60: replace the first parts 1, 2 and 4 and in the second paragraph, the number and the word "article 57" with a number and the words "article 57, first paragraph"; make the third paragraph as follows: "(3) the debtor is obliged to immediately submit the legal person's insolvency application, if there is any of this law, article 57, first paragraph 5, 6 or 9 legal entities referred to in the insolvency process. If there are 57 this law, the first paragraph of article 5, paragraph sign, the debtor is obliged to submit a legal application of personal insolvency in cases where no agreement with creditors or not proposed redress process. " 23. Article 62: Supplement to the second and third paragraph after the words "no effects" with the words "or its amount is less than the amount of the deposit"; to make the fourth subparagraph by the following: "(4) if the legal person of the insolvency proceedings shall not be given or are financed from the resources of the debtor or the creditors decides to continue the legal personality of the insolvency process, refundable deposit of legal entity insolvency proceedings the applicant."; replace the seventh part number and the words "of article 57" with a number and the words "article 57, first paragraph"; Add to article 7.1, 7.2, 7.3 and with 7.4 part as follows: "(71) the Court may fully or partially exempt the employee from insolvency deposit payment, if he submits the application for insolvency proceedings after the application of coercive means of enforcement, it has not been possible to execute a court order for recovery of the debt from the debtor and the employee, pursuant to his assets, can not lodge the insolvency process the deposit. (72) where this article 7.1 in the case set out in part of the debtor's assets is not possible to cover the legal costs of personal insolvency and creditors have decided to use other sources of financing, legal person of the insolvency costs the State budget and business risk duty in the context of the funds, which are assigned to the administrators of a legal person the insolvency practitioner costs where appropriate. (73) the Cabinet business risk duty in the context of funds which the part of the legal person assigned the insolvency practitioner costs set out in part 7 of this article. (74) in part 7.1 of this article in the case of a legal person the insolvency practitioner costs order and to the extent that is payable to the legal deposit of personal insolvency. " 24. Article 63: turn off the first part of paragraph 3, the words "even if its set as liquidated damages"; to supplement the article with the fourth and fifth by the following: "(4) the judgment of the Court of Justice, which declared insolvency proceedings of a legal person, is the basis for a stay of proceedings in the nature of property claims brought against the debtor. (5) judgment of the Court of Justice, which declared insolvency proceedings of a legal person, is the basis of the claim for annulment of the civil law. " 25. Article 65: Add to the article with the following new paragraph 13: "13) shall be deposited in the national archives documents of the debtor, including: (a) the debtor's orders for personnel) (recruitment of persons, transfer, the release of labour), b) debtor's personnel Ordinance log (registry), c) debtor's contracts of employment, the employee terminated employment relationship (if they are not on the persons concerned), and the notebook (if they are not located at the relevant employees) debtor's documents, d) on tax payments until January 1, 1997, (e)) in the accident investigation, or the investigation findings and the material. "; consider the current paragraph 13 of 14. 26. To complement the article 67 paragraph 15 with the following: "15) within three months from the date of submission of the claim of the creditor to bring an action against the coup, asking creditors to apply to this Court for the vendor temporary remedy — voting rights disqualification to contest a claim based on a court order forced the execution of unchallenged or forced execution warning order, if there is reasonable doubt as to the fact that the creditor's claim is not based on the merits and if the creditor's claim is based on a court ruling which has entered into force three years before the insolvency proceedings the legal person of the Decree. " 27. Article 70: replace the second paragraph, first sentence, the words "all the debtor's" with the words "all the debtor's property"; replace the second part of the number and the word "10 days" with the words and the number "three days and longer than 10 days." 28. To supplement the law with the chapter XII1 of the following: "chapter XII1. The liability of the members of the Executive Board article 72.1. The liability of the members of the Executive Board on the transfer document (1) the debtor-Corporation Board members jointly and severally liable for damage if the debtor, the insolvency practitioner will not be released to the debtor's accounts or if they are in a position that does not allow you to get a clear picture of the debtor's business and property situation of the last three years prior to the onset of insolvency proceedings. (2) the first paragraph of this article, in the cases concerning the level of the injury caused to the debtor is considered to be the debtor's insolvency process accepted the claims of creditors of the principal sum, which is not possible to cover the insolvency of the debtor. (3) the insolvency proceedings against the debtor's Board named the road the insolvency practitioner. The creditor is entitled to intervene as a third party in the case of civil law. If the administrator has not brought such a request within one year of the completion of the insolvency claim is entitled to bring their outstanding creditor claims. (4) the Court may reduce the amount of damages for which the responsible Board Member, given his influence on the first paragraph of this article. (5) the provisions of this article shall also apply to other legal persons, the insolvency practitioner subject to legal representatives who are responsible for the accounting of the legal person and all economic transactions in the conservation of supporting documents. " 29. Article 73: make the second paragraph, the last sentence by the following: "after this deadline shall be time-barred, so that the creditor loses the status of creditors and their claims against the debtor." Add to fourth with 5.1 paragraph by the following: "51) or vendor to be recognized with the vendor whose claim is subject to the condition, as well as the amount of the claim and the date (if known), to which should be timed conditions;" Supplement fifth with the sentence the following wording: "a secured creditor whose claim against the third party is secured by the pledge, in the land register or ship register the mortgage on the property of the debtor, the creditor's claim, the log indicates the strength of the collateral (pledged) value of property of the debtor insolvency date."; Add to sixth with the sentence the following wording: "the tax authorities claim supporting documents may be submitted not derivatives, if the validity of the claim of identity information, the administrator can get the State revenue service electronic declaration system."; Add to article 6.1 of the part as follows: "(61) If the creditor's claim is based on the Court ruling on the obligation to perform forced or unchallenged on the fulfillment of the commitments forced a warning order, the fourth paragraph of this article, an application vendor that adds a copy of the court order and other supporting documents of the claim." to supplement the article with the eleventh subparagraph by the following: "(11) the tax authority claims arising after the Declaration of insolvency proceedings and are directly related to the business of the debtor, made up to the date of the insolvency process, stated there is piesakām as a creditor's claim in this law." 30. Replace article 74, second paragraph, the word "five" with the number "10". 31. Article 75: Supplement to article 2.1 part as follows: "(21) to ensure that the creditor's claim against the third party is secured by the pledge, in the land register or ship register the mortgage on the property of the debtor, and that depends on the conditions, the administrator can not recognise if there is reasonable doubt as to the fact that the condition will be." Add to article 4.1 part as follows: "(41) if the Court, in considering the dispute, the decision of the administrator has set the deadline for lifting and requirements if there is a dispute about the law, then by the time the court order the creditor's claim is recognized, it is included in the register of claims of creditors, but this vote does not assign to the vendor." 32. Add to article 81 in the first part of paragraph 9 with the following: "9) of pledged property sales not extension." 33. Replace article 82, the word "three" with the word "five". 34. Article 89: Add to paragraph 4 after the words "sale" of the property of the debtor with the words and figures "(art. 2.1 part 115) or sales"; to supplement the article with a paragraph 5 by the following: "5) next to the property that is excluded from the sales plan of property (article 111 of the seventh part)." 35. Article 90 of the third turn. 36. Replace article 96 1 of the first subparagraph, the word "three point" with the word "four". 37. Article 97: make the first paragraph by the following: "(1) the Administrator has the responsibility to evaluate and take legal action on the debtor's property or its part essentially checking according to the civil law, the provisions of article 1927."; replace the third paragraph, the words "within six months" with the words "three years". 38. Replace article 106, the number and the word "article 57" with a number and the words "article 57, first paragraph". 39. in article 111: expressing sixth as follows: "(6) all the debtor's property is sold within six months after the legal person of the insolvency proceedings. The administrator may extend the pledged property of the debtor not sales period to six months, about 81 of this Act in accordance with the procedure laid down in article Announcing vendors and specifying the reasons for the extension. If the creditors do not agree with is not the property of the debtor of the pledged sales extension, they have the right to propose the convening of a meeting of creditors pursuant to this law, article 84 (1). "; to supplement the article with the seventh subparagraph by the following: "(7) If the debtor cannot sell or property sales estimated expenditure exceeds income excludes it from the administrator of property sales plan and shall immediately notify all creditors in article 81 of this law established that invites them to keep things to myself on its initial price. A creditor who agrees to a reduction of debt obligations on the property that an administrator could not sell, within two weeks from the date of dispatch of the invitation of the administrator to notify the administrator. If several vendors want to keep to yourself the same property, the administrator tool auction among those creditors of the civil procedure law. If the creditors do not agree with the property exclusion from property sales plan, they have the right to propose the convening of a meeting of creditors pursuant to this law, article 84 (1). " 40. Article 112, first paragraph: Add to the introductory part of the paragraph after the words "no effects" with the words "or its amount is less than the amount of the deposit"; Add to part with point 6 in the following wording: "6) information about the intention to take action against the debtor's Management Board in accordance with article 72.1 of the Act." 41. Supplement article 113 in the first part of paragraph 13 by the following: ' 13) for information on the intention to take action against the debtor's Management Board in accordance with article 72.1 of the Act. " 42. in article 115: Supplement to article 2.1, 2.2 and 2.3 in part as follows: "(21) if the legal person within the insolvency estate other auction is deemed not to have occurred, the administrator shall immediately send to the creditors of the debtor specified sales plan, indicating the proposal on further actions with the stuff. (22) If, within 15 days from the date of sending the debtor specified sales plan, has received a request to hold a vendor a third auction, its expenditure is covered by such a request expressed a creditors agreement in writing by the administrator. The third auction is held after the second auction rules. If the auction takes hold in the amount of money the arrangement has not been paid within the time limit set, the administrator log on request to hold a third auction. (23) If, within 15 days from the date of sending the debtor specified sales plans, not received objections of creditors, the administrator shall implement the solutions indicated in its proposal. " to supplement the article with the fourth, fifth, sixth, seventh and eighth by the following: "(4) after the Court approved the auction of the Act or decision to register property rights in the name of the creditor, which has announced to want to keep the property, the administrator shall prepare a statement of account showing the auction expenses, remuneration for conducting the auction, the value added tax if the auction price with taxable, it current tax payments to be taken for the real estate for the period of the day When the declared insolvency last month, until the date on which the entry into force of a court ruling which approved a real estate auction, the amount payable and accounts payable. Nosolītāj, the debtor or the creditors the administrator prepare a calculation can be appealed in the court seised of the legal person concerned insolvency case, within 10 days from the date of receipt of the calculation. (5) If no member of the auction without the auction, real estate purchase collateral is not repaid, but it excluded property of the debtor. (6) the Administrator has the right to determine the auction participation fee in the second auction up to 0.1 percent of real estate evaluation, but not less than Euro 50. (7) if the administrator has determined the auction fee, a person wishing to participate in the real estate in the second auction, paid the fees specified by the administrator in the account of the debtor. Before the auction administrator verify that the membership fee is credited to this account. (8) the membership fee paid by the auction participants, not issued, but back off the property of the debtor. " 43. Article 116: make the second paragraph as follows: "(2) serve as collateral (pledged) of the debtor's property is sold in the auctions of the civil procedure law, pursuant to this law, the provisions of article 115, if the secured creditor does not agree with the administrator for sale of property without an auction. Law of civil procedure the court bailiff in activities relating to the property of the debtor in the auction run by an administrator. Agreement with the secured creditor about the sale of the pledged property, the administrator shall ensure that the assets would be sold for the highest price possible, taking into account the interests of unsecured creditors. "; adding to the third paragraph with the words "as well as the real estate tax payments to be taken for the real property from the date of the insolvency proceedings to a real estate auction day"; Add to article 3.1 part as follows: "(31) if the auction is sold to serve as collateral (pledged), the property of the debtor, where, under the law of civil procedure the provisions of article 614 auction deemed not to have occurred and the secured creditor does not want things to keep myself, administrator agreed with the secured creditors to deal with things. If the secured creditor asking to hold a third auction, it held this law in part 2.2 of article 115. If the administrator may agree with the secured creditors to deal with assets, including the sale of assets without auctions, or finds the article 111 of this Act referred to in the seventh, a decision on further action by the mortgaged as security for the others, the debtor shall be taken by the administrator and shall notify the vendor that provided this law, in article 81. If the secured creditor's objections regarding the received messages, the secured creditor is expressed in article 82 of this law. " 44. Add to article 117 of the seventh paragraph as follows: "(7) if the legal person of the insolvency costs and the settlement of the claims of creditors plan to take legal action at the time, launched or updated within the time limit fixed by the Court because of a dispute about the right to found a complaint about an administrator decision about the recognition of the claim of the creditor without recognition or partial recognition, the time limits referred to in this article counted from the date of entry into force of the Court's decision in that proceeding. " 45. Article 118: replace the words "the fifth subparagraph, second and third" with the words "the second, third and fourth"; replace the number in the fifth subparagraph, and article 73, the words "referred to in the first subparagraph the period for submission of claims of creditors" with a number and the words "referred to in article 73 of the claims of creditors in the period" and the number and the words "73. referred to in the first subparagraph within the time" — with a number and the words "period referred to in article 73; replace the sixth paragraph, the words "fourth" with the word "fifth"; off the seventh and eighth; replace the eleventh paragraph, the words "the sixth and eighth" with the words "the fifth and ninth. 46. To supplement the law with article 118.1 as follows: "article 118.1. The settlement of the claims of creditors, if logged in the secured creditor's claim, the claim subject to the condition of accession (1) the funds derived from the sale of the debtor's property that serves as security for the secured creditor's claim that the right of action independent of the conditions is met, the administrator shall deposit the insolvency administration specially created account in the Treasury until the secured creditor in the insolvency administration statement of condition. (2) the first paragraph of this article of funds to be kept for no longer than three years after the mortgaged property is sold for the benefit of the secured creditor whose claim dependent on conditions, or five years from the insolvency of the debtor of the Decree, whichever of these dates there in the past. (3) If a secured creditor whose claims subject to the condition specified in the application, the date to which the condition, and should be reached by that date the Administration has not submitted the notification of the insolvency of a member, the conditions referred to in the first paragraph of funds to be kept until the date specified in the application. (4) If a secured creditor whose claim dependent on conditions, does not submit the insolvency administration statement on the accession of the condition until the second or third part, the deadline laid down in the first paragraph of this article of funds are paid out in accordance with article 118 of the law's provisions. If, upon condition, from which depended on the secured creditor's claim, the claim is less than the amount referred to in the first subparagraph, the amount of funds balance in cost according to this law, the provisions of article 118. (5) the cabinet shall determine the order in which the funds obtained from the sale of property of the debtor, which served as collateral for the secured creditor's claim that the right of action depend on the conditions of accession, deposited in insolvency administration specially created account Treasury and payable to the vendors. " 47. Article 120: turn off third; to make the fourth subparagraph by the following: "(4) within five days after receiving the decision of the court process is complete, the administrator shall submit the application to the Registrar of companies of the debtor's removal from the register, together with a statement of the State archives service of the debtor." 48. Replace article 122 in the second paragraph, the words "in the first and second" with the words "second and third". 49.123. Express the second subparagraph by the following: "(2) the first paragraph of this article is also a natural right of a person who has been given to a partnership that is terminated by a legal person, the insolvency proceedings as well as the natural person who has been the founder or a member of the peasants or fishermen holding, for which a legal person is terminated the bankruptcy process." 50. Replace article 128 in the fourth paragraph, the words "property of the civil procedure law, which cannot be said for recovery" with the words and figures "of the code of civil procedure in annex 1 of the property and the amount referred to in article 96. 51. Article 129: make the first part of paragraph 1 and 2 as follows: "1) they don't have a chance to settle the debt for which the due date and total debt exceeds 5000 eur; 2) due to the conditions proved that person will not be able to settle the debt, which will be due during the year, and the total debt exceeds € 10 000. "; replace the second paragraph, the words "the sufficiency of funds administrator one-time rewards to cover two months ' salary for the amount of the minimum" with the words "physical personal insolvency deposit payment of the minimum monthly salary of about two insolvency administration specially created account"; to supplement the article with third, fourth and fifth paragraph as follows: "(3) the physical person's insolvency deposit used to cover article 171 of this law in the first part of a specific administrator. (4) If an individual's insolvency proceedings shall not be given, the deposit refundable individual insolvency proceedings the applicant. (5) the cabinet shall determine the order in which the individual insolvency deposit payable to insolvency administration specially created account and payable to the administrator or the physical person to the insolvency process the applicant. " 52. Express article 130, paragraph 2 as follows: "2) which is spent not in the contract of credits intended for the purpose, and the entry into force of the decision of the competent authorities in criminal proceedings;" 53. Article 132: the supplement to the second part of the article as follows: "(2) the first paragraph of this article messages may be published in other registers, information systems or databases."; believe the current text of the first part of the article. 54. Supplement article 133 in the first part of paragraph 3 with the following: "3) debtor along with 133 of this law the first paragraph of article 1 and paragraph 2 defined stakeholders, if each of them there is one of this law, the first subparagraph of article 129 of those characteristics." 55. Article 134: turn off the second part of paragraph 3, the words "(even if identified as liquidated damages)"; to supplement the article with the fourth and fifth by the following: "(4) the judgment of the Court of Justice, by which persons are declared insolvency proceedings against the debtor, is the basis for the proposed suspension of the proceedings. (5) judgment of the Court of Justice, which is declared to be natural persons the insolvency process is the basis for the claim for annulment of the civil law. " 56. Article 137: Supplement 1. point to the words and figures "If administrator is transferred funds in accordance with this law, article 139 (2), or the debtor's insolvency process is for the sale of property"; Add to paragraph 2 with the words "or, adding the Court's decision on the appointment of an administrator of a copy"; Replace paragraph 6, the word "immediately" with the words "if necessary"; turn off paragraph 11; express the following paragraph 13: "13) after the request of the debtor, and bilaterally agreed, provide advice for the discharge of their obligations to the preparation of the draft plan." 57. in article 139: to make paragraph 1 by the following: "1) to produce revenue at your own pace to complete satisfaction of claims of creditors"; supplement paragraph 5, after the words "provide administrator" with the words "insolvency proceedings"; to supplement the article with points 6 and 7 by the following: ' 6) to cover natural persons the costs of the insolvency proceedings; at the request of the administrator 7) put the administrator in the collecting societies, other than property to which you can not draw, and 140 of this law article property referred to in paragraph 2 as well as owned or held by the debtor's existing assets belonging to third persons. " 58. in article 141: make the first paragraph by the following: "(1) the claims of creditors against the debtor is to be submitted to the administrator of the Act in chapter XIII. If the vendor missed the article 73 of this law referred to in the first subparagraph the period for the submission of claims, he claims against the debtor may be submitted within a time limit not exceeding six months from the date of entry in the register of the insolvency of the debtor's insolvency proceedings for a declaration of invalidity, but no later than the day on which this Act is drawn up in accordance with the procedure laid down in the final bankruptcy payout list. "; Add to article 1.1 part as follows: "(11) By this law, article 73 of the vendor referred to in the second subparagraph the period for submission of claims shall be time-barred, so that the creditor loses the status of creditors and their claims against the debtor and the insolvency process of physical persons, and then, when the debtor is released from his obligations under article 164 of this Act in the case referred to in the first paragraph."; Add to article 2.1 part as follows: "(21) the Administrator shall promptly electronically transmit the notification of a declaration of insolvency of the debtor all known creditors whose claims are secured by the pledge, in the land register or ship register the mortgage. If the information is not accessible to the public can be found in the details of the creditors of the debtor or creditor electronic mail addresses, the administrator is entitled the creditors not to send notification. " 59. Supplement article 142, the second paragraph after the word "receipt" with the words of this law, and the number "referred to in article 130 of the existence of restrictions". 60. Article 147 of the supplement with the sixth part as follows: "(6) by its property sales, which served as collateral, the secured creditor will lose his claims and obligations of the debtor remaining between the creditor and the debtor together with the approval of the auction law are deleted. Along with basic deletion cease all additional (beside). This procedure is applicable only to those cases where the debtor's insolvency process is sold to the debtor's home. " 61. Article 148: express the sixth part as follows: "(6) If the debtor together with the dwelling, which the cadastre value does not exceed eur 142 287 live dependent person and this housing together with the debtor and its dzīvojošaj dependent persons is declared place of residence, following the sale of the auction house it is possible to defer for a period of up to one year of physical persons declaring insolvency debtor days to find other housing. This predicted natural persons property sales plan. "; to supplement the article with the seventh subparagraph by the following: "(7) For the purposes of this law, housing is regarded as belonging to the debtor's property that the last six months before the date on which the Court filed an application for insolvency proceedings, has declared to his residence." 62. Supplement article 150 with third, fourth, fifth, sixth, seventh and eighth by the following: "(3) a court shall terminate the bankruptcy proceeding while terminating an individual's bankruptcy process, if not submitted claims of creditors this law 141 in the first subparagraph of article. (4) an application for the termination of bankruptcy proceedings referred to in the third subparagraph shall be submitted in case the debtor during the month following the expiry of this law, the first subparagraph of article 141 of the deadline for submission of claims of creditors. (5) if the court terminates both the bankruptcy and the natural person at the insolvency proceedings referred to in the third subparagraph, in the case of personal commitment, as indicated in part four of this article in that application, ceases, creditors lose the claim against the debtor and stop implementing recordkeeping for the deleted drive connection is terminated. (6) in the fifth subparagraph of this article, these obligations, the Court indicated in a decision, by which it terminated the bankruptcy proceedings. (7) the Court shall terminate the bankruptcy proceeding, while ending the physical person's insolvency proceedings, the debtor is dead. (8) an application for the termination of bankruptcy proceedings in the seventh part of this article in the case submitted to the administrator. " 63. Supplement article 153 paragraph 3 with the following: "3) the debtor does not comply with the bankruptcy discharge liabilities or obligations laid down in the procedure, significantly hindering the effective conduct of the insolvency proceedings." 64. Article 154: Add to point 1 of the second paragraph after the word "creditors" with the words "and the number who have submitted their claims to this law, the first subparagraph of article 141 in order and"; Add to paragraph 7 of the second paragraph after the word "creditors" with the words "and the number who have submitted their claims to this law, the first subparagraph of article 141 of the order". 65. Make 155. article as follows: "article 155. Natural persons undertaking the clear plan (1) natural persons undertaking the clear time limit for the implementation of the plan, the debtor shall be determined taking into account the expected income for the deletion procedure. (2) where, in accordance with the obligations of a debtor's rating in the procedure for deleting his income will be enough to cover at least 50 percent of the total liabilities that remain after the completion of the bankruptcy proceedings of physical persons in relation to the period of the plan, the deletion is six months from the date of the deletion procedures. (3) if the debtor discharge liabilities in the course of the procedure of their will, as a result of circumstances not being able to cover the second part of this article, the obligations set out in the context of the deletion, the term of the plan would be as follows: 1) one year from the date of the deletion procedures if, in accordance with the obligations of a debtor's rating in the procedure for deleting his income will be enough to cover at least 35 percent of the total liabilities, which remains after the completion of the bankruptcy proceedings; 2) one year and six months from the date of the deletion procedures if, in accordance with the obligations of a debtor's rating in the procedure for deleting his income will be enough to cover at least 20 percent of the total liabilities, which remains after the completion of the bankruptcy proceedings. (4) if the debtor discharge liabilities in the course of the procedure of their will, as a result of circumstances not being able to cover the second and third subparagraphs, of the obligations laid down an individual's discharge liabilities in the plan provide that creditors will be redirected to cover the features of one-third of the amount of the debtor's income, but not less than one-third of the amount of the minimum monthly salary for one month. Deleting connection plan period would be as follows: 1) one year from the date of the deletion procedures, if the debtor's total liabilities after completion of the bankruptcy proceedings does not exceed 100 000 euro; 2) two years from the date of the deletion procedures, if the debtor's total liabilities after completion of the bankruptcy proceedings is from 100 001 to 300 000 Euro Euro; 3) three years from the date of the deletion procedures, if the debtor's total liabilities after completion of the bankruptcy proceeding exceeds 300 000 euros. (5) The obligations of the debtor is considered the principal sum only, not including fines, penalties or interest on arrears. At the debtor's liabilities include the agreed usage, unpaid interest up to, but not the Declaration of insolvency more than six percent per year. " 66. Article 160: to complement the article, paragraph 4 by the following: ' 4) to cover natural persons the insolvency practitioner costs. " 67. To complement the fourth paragraph of article 164 of the point 4: "4) claims about the Latvian Code on administrative offences and penalties provided for in the criminal code, as well as compensation for damage caused." 68. Article 165: make the first paragraph by the following: "(1) the debtor shall submit an application to the Court for the deletion procedure, if he: 1) has passed the full amount of all natural persons included in a plan discharge liabilities; 2) has complied with the obligations of the person deleting the physical plan. "; turn off the second part of paragraph 2. 69. To complement the article 166 of the fourth subparagraph by the following: "(4) the statutory remuneration for administrator administrator responsibilities redress process or extrajudicial remedies in addition to the process is added to the value added tax, if the administrator is registered in the State revenue service value added tax register." 70. Add to article 168, second subparagraph with the sentence the following wording: "If a legal entity insolvency deposit is not paid in full or in part (article 62 of the 7.1 part), legal person of the insolvency practitioner costs are covered from the State budget and business risk government fees which are assigned to the administrators of a legal person the insolvency practitioner costs in appropriate cases." 71. Article 169: replace the second sentence of the fifth paragraph, the word "appointment" with the word "cancellation"; to supplement the article with the seventh subparagraph by the following: "(7) the statutory remuneration for administrator administrator responsibilities of legal persons, in addition to the insolvency process is added to the value added tax, if the administrator is registered in the State revenue service value added tax register." 72. Article 171: Add to the second paragraph after the word "effects" with the words "recovery and"; replace the third paragraph, the words "physical deletion of personal liability plan project development" with the words "the provision of consultation, an individual's discharge of their obligations in the development of the draft plan"; Supplement fifth after the words "of the debtor's assets" by the words "and natural persons ' deposits of the insolvency proceedings; to supplement the article with the sixth part as follows: "(6) the statutory remuneration for administrator administrator duties of natural persons, in addition to the insolvency process is added to the value added tax, if the administrator is registered in the State revenue service value added tax register." 73. Article 172 of the expression as follows: "article 172. Natural persons the insolvency practitioner costs (1) the costs incurred by the debtor to physical persons declaring insolvency, are divided into individual insolvency practitioner direct and indirect costs. (2) natural persons of the insolvency practitioner direct costs are the costs associated with physical persons providing the insolvency proceedings: 1) expenditure announcement, the organisation of the auction settlement account opening, servicing and closing; 2) expenditure on postal correspondence dispatch services; 3) expenses related to an individual's property valuation; 4) expenditure on the services of a notary; 5) expenditure related to the maintenance of physical persons of property if it is transferred to the administrator, and business, as well as property and business insurance. (3) natural persons of the insolvency practitioner direct costs from the sale of property of the debtor resulting features. (4) natural persons of the insolvency practitioner costs are costs of maintenance of the debtor upon physical persons declaring insolvency proceedings: 1) maintenance expenses; 2) current tax and fee payments; 3) current maintenance payments; 4) statutory payments and payments resulting from those agreements shall continue or in accordance with the procedure laid down in this Act concluded by natural persons declaring insolvency proceedings (for example, administrative penalties, rent, utilities, etc.); 5) expenses related to property belonging to third parties until its surrender in these persons. (5) natural persons of the insolvency practitioner costs are covered from the funds of the debtor, which he is entitled to keep the maintenance costs. " 74. Replace article 173, first paragraph, the words "public authority" with the words "the Minister of Justice under the supervision of an existing direct regulatory authority". 75. Article 175: Add to the first part of paragraph 4 after the number "62." with name and number "and 129."; to supplement the first part of paragraph 5 with the following: "5) this law, in article 118.1 of the funds paid."; to make a fifth by the following: "(5) the first paragraph of this article, 2., 4. and 5. Insolvency Administration referred to in paragraph 1 of the decision may be appealed within one month of the date of receipt of the decision at the Court or has been proposed in the proposed legal protection proceedings or insolvency proceedings. The complaint in court suspended the decision of the administrators of the action, with the exception of the first paragraph of article 2 of the decision referred to in paragraph. " 76. Article 177 off. 77. the transitional provisions be supplemented with 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 as follows: "All this law, Amendment 11, which shall enter into force on January 1, 2015, is applicable to all 2014 31 December launched processes other than this transitional provision 12. — 17 above. 12. Amendments shall enter into force on the 1 January 2015 in respect to the status of a secured creditor to persons whose claims against the third parties is secured by the pledge, in the land register or ship register the mortgage on the property of the debtor, as well as to persons whose claims are dependent on conditions, applicable to insolvency proceedings handed down, and the process of redress in cases where the proposed, starting with January 1, 2015. 13. Legal protection proceedings initiated, but has not declared until 2014. December 31, the administrator shall give a reasoned opinion on whether the legal protection process of the action plan and the documents attached to the specified vendor claims are pirmsšķietam (prima facie) based at the request of any of the vendors. 14. Legal protection proceedings handed down by 2014. December 31, do not apply this law 38, 40 and article 42 amendments shall enter into force on January 1, 2015. 15. The auction, which opened up to January 1, 2015, expenditure under the framework of this law, which was in force until 31 January 2014. 16. This Act amended Chapter XVII "disputed transaction" is applicable to insolvency proceedings handed down, beginning with the January 1, 2015. 17. This Act amended in section D and E sections in Chapter XXX, which shall enter into force on January 1, 2015, is applicable to natural persons, the insolvency proceedings handed down, beginning with the January 1, 2015. 18. If the natural person bankruptcy process the deletion process is the commitment made to this law, the sixth part of article 148, 155. the second, third and fourth parts of the entry into force of the amendments and not terminated, the natural person concerned shall have the right within 30 days from the date of entry into force of the amendment to submit the related deletion of any amendments to the plan for the approval of the Court. 19. If insolvency proceedings are started according to the law "on insolvency of undertakings and companies" and not end until 2015, administrator June 30, submitted to the Court an application for termination of insolvency proceedings due to the completion of the bankruptcy proceedings. If in the process until 2014 31 December has started the composition or reorganisation, insolvency proceedings concerned the situation of implementing the law "on insolvency of undertakings and companies". 20. If a legal person has commenced proceedings under the insolvency law that was in force until 31 October 2010 and is not terminated, the administrator up to 2015 31 October a court application for the termination of the insolvency proceedings in connection with the completion of the bankruptcy proceedings. If in the process until 2014 31 December has started settlement, rehabilitation or the legal protection process (out-of-court redress process), the insolvency situation solution implemented in the order laid down in the law of insolvency, which was valid until 31 October 2010.
21. the meeting of the creditors until 2015 30 June may decide the composition, mediation, remediation or redress process according to the laws that were in effect when launched the insolvency process. 22. If this transitional provision 18, 19 and 20 in the order provided for in the friendly settlement, mediation, remediation or redress process (out-of-court redress process) stopped after 31 December 2014, the administrator launched the bankruptcy procedure, applying the rules of law that was in effect when launched the insolvency process. 23. If the administrator has initiated bankruptcy proceedings this transitional provision 21. in the case provided for in paragraph 1, the application for termination of insolvency proceedings due to the completion of the bankruptcy proceedings, the administrator shall submit to the Court within one year from the date of commencement of bankruptcy proceedings, applying the rules of law that was in effect when launched the insolvency process. 24. If the administrator submitted to the Court that the transitional provisions in paragraphs 18 and 19 of the said application within time limits set by these points, the insolvency administration submitted an application for the cancellation of the administrator administrator duties in the relevant insolvency proceedings except when: 1) the insolvency process can be terminated due to the ongoing legal proceedings in civil or administrative cases; 2) under the administration of the insolvency proceedings shall not terminate the justified reasons; 3) the debtor who has declared bankruptcy process is recognised as a victim in criminal proceedings. 25. The transitional provisions in paragraph 24 of section 1 in the cases provided for in the administration of the insolvency administrator of the legal obligations imposed by 2015 and 30 September 2004, if insolvency proceedings are started according to the law "on insolvency of undertakings and companies" and is not terminated, or until January 31, 2016, if the legal personal insolvency proceedings have been initiated under the insolvency law that was in force until 31 October 2010 and is not terminated, to convene a meeting of creditors in accordance with the rules of law that was in effect when launched the insolvency process, the question for decision on continuation of the proceedings. If the creditors ' meeting vote for discontinuation of the proceedings, the administrator launched or completed property sales, satisfy the claims of creditors and up to 2016 and 30 September, if insolvency proceedings are started according to the law "on insolvency of undertakings and companies" and is not terminated, or until 2017. on 31 October, if the legal person has commenced proceedings under the insolvency law that was in force until 31 December 2010, October , and is not, a court application for the termination of the insolvency proceedings due to the completion of the bankruptcy proceedings. If the creditors ' meeting vote for continuation of the proceedings, the administrator up to 2016 and 30 September, if insolvency proceedings are started according to the law "on insolvency of undertakings and companies" and is not terminated, or until 2017. on 31 October, if the legal person has commenced proceedings under the insolvency law that was in force until 31 October 2010 and is not terminated, the next convened a meeting of creditors for decision of the question on the possibility of an end to the insolvency practitioner or the continuation of the proceedings. The decision shall be deemed to be accepted if it is supported by three-fourths of those present and voting creditors. 26. The transitional provisions in paragraph 17 of the cases provided for in subparagraph insolvency administration imposes the legal obligation of the administrator until 2015 and 30 September, if insolvency proceedings are started according to the law "on insolvency of undertakings and companies" and is not terminated, or until January 31, 2016, if the legal person has commenced proceedings under the insolvency law that was in force until 31 October 2010 and is not terminated , to convene a meeting of creditors in accordance with the rules of law that was in effect when launched the insolvency process, the question for decision on the completion of the bankruptcy proceedings. If a meeting of creditors vote for the completion of the bankruptcy proceedings, the administrator launched or completed property sales, satisfy the claims of creditors and up to 2016 and 30 September, if insolvency proceedings are started according to the law "on insolvency of undertakings and companies" and is not terminated, or until 2017. on 31 October, if the legal person has commenced proceedings under the insolvency law that was in force until 31 December 2010, October , and is not, a court application for the termination of the insolvency proceedings due to the completion of the bankruptcy proceedings. If the creditors ' meeting does not vote for action to be taken for the completion of the bankruptcy proceedings, the administrator up to 2016 and 30 September, if insolvency proceedings are started according to the law "on insolvency of undertakings and companies" and is not terminated, or until 2017. on 31 October, if the legal person has commenced proceedings under the insolvency law that was in force until 31 October 2010 and is not terminated, the next convened a meeting of creditors for decision of the question on the possibility of an end to the insolvency process. The decision is considered to be accepted if it is supported by three-fourths of those present and voting creditors. 27. If administrator does not submit to the Court an application for insolvency proceedings, the termination of the transitional provisions of 23, 25, 26 or 28. in the cases referred to in points and within insolvency administration submitted an application for the cancellation of the administrator administrator duties in the relevant insolvency proceedings and termination of the insolvency proceedings. 28. If the court annuls the administrator from their duties in the relevant insolvency proceedings on the basis that the transitional provisions referred to in paragraph 24 of the insolvency administrators, the new administrator will initiate or complete the sale of assets, satisfy the claims of creditors and until 30 June 2016, if insolvency proceedings are started according to the law "on insolvency of undertakings and companies" and is not terminated, or until 2016 31 October, if the legal person has commenced proceedings under the insolvency law that was in force until 31 October 2010 and is not terminated, submit to the Court an application for termination of insolvency proceedings due to the completion of the bankruptcy proceedings. 29. If the court annuls the administrator from their duties in the relevant insolvency proceedings on the basis that the transitional provisions referred to in paragraph 27 of insolvency administration, and administrator of the Court decision in activities related to the debtor's exclusion from the public record or the completion of the insolvency proceedings, the insolvency Administrator of the Association after the Administration may decide, on a proposal for the winding up of the administrator certificate. 30. The transitional provisions in paragraph 19 to 29 above to ensure performance of the duties of the administrator information vendors can provide this law, article 81 of the third part. Creditors until 2015. February 1, submit to the administrator application, indicating your e-mail address. 31. Where a contradiction is established between different insolvency regulation, this transitional provision in paragraph 19:30 execution of the law in force when the launched insolvency proceedings, unless this Act of the transitional provisions in paragraph 12-22 otherwise. 32. the consideration of the tasks of the administrator in insolvency proceedings, which apply the transitional provisions of paragraph 2 and 5 listed in the regulations, is added to the value added tax, if the administrator is registered with the State revenue service value added tax register of taxable persons. 33. Article 147 of this law, sixth paragraph is applicable to natural persons only in insolvency proceedings on the property to which the collateral is established after January 1, 2015. " The law shall enter into force on January 1, 2015. The Parliament adopted the law in 2014 on September 25. The President a. Smith in Riga 2014 October 15