Renvoi Procedure as Legal Protection for Creditors Who Are Not Recognized
Renvoi Procedure is a form of legal protection for creditors whose receivables are denied at the verification of debts meeting. Renvoi Procedure submitted at the meeting by creditors whose claims are not accepted/ acknowledged by the Curator. In the event that there is a denial while the Supervisory Judge is unable to reconcile the two parties, the Supervisory Judge orders both parties to settle the dispute in court.
Renvoi Procedure shall be held at the Commercial Court and the case shall be summarily examined. The provisions of Article 127 of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Obligation for Payment of Debts contain the procedures for conducting renvoi on the dispute or difference from the debt amount of bankruptcy debtor that have been announced by the curator and denied by the creditors. Article 127 of Law No. 37 of 2004 states:
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If the Supervisory Judge in the case of claim dispute, cannot bring the two parties to an agreement, despite the fact that the dispute has been referred to court for settlement, the Supervisory Judge shall order the two parties concerned to settle the dispute before the Court.
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The advocates acting for and on behalf of the parties shall be advocates as contemplated in Article 7.
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The case as referred to in paragraph (1) shall be summarily examined.
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If the Creditor requesting verification of the claims is not present during the Court’s hearing on the stipulated date, his request shall be deemed as withdrawn, if the party contesting the claim is not present during the Court’s hearing, he shall be deemed as withdrawing his contest, and the judge shall admit such concerned claim.
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Any Creditors who have not filed challenge at the meeting of debts-claim verification may not join or interfere the Court’s hearing.
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