I have learned from the bankruptcy case of ATP Vojvodina at the Commercial Court in Novi Sad that the bankruptcy trustee Nikola Pavlović informed the Court on 4 June 2021 that he sent a denial to the daily newspaper Danas on 25 May 2021, and that was where my statement had been published. He referred to the conclusion issued by the extraordinary control organized last year by Bankruptcy Trustee Licensing Agency (BTLA) which claimed that there were not illegal issues in that bakruptcy procedure and that my complaint on numerous irregularities was unfounded. I lodged a remonstrance to that very decision on 30 December 2020.
Complaint to BTLA on the work of the Bankruptcy Trustee Nikola Pavlović and Remonstrance .pdf
However, the text to which he sent the denial has nothing to do with the abovementioned irregularities because of which I complained to BTLA in that time. It relates to the problem of the illegal sale in which the judge Vladislav Kurtek and bankruptcy trustee Nikola Pavlović confused the laws.
Namely, the judge declared sale of the property and gave the order to the Cadastre to register it. That would have been right if the procedure had been conducted in accordance with the Bankruptcy Law. However, the case is being conducted in accordance with the Law on Bankruptcy Procedure which says that the sale activities are done through notary. The problem appeared because not even one notary office wanted to certify the sale because the facilities were under mortgage in dispute.
The Audit Demand to the Supreme Court of Cassation.pdf
The bankruptcy case also obviously contains the report issued on 20 May by the regular control and that report was received by the bankruptcy trustee on 3 June 2021- a day after his denial was published in Danas and that was the denial in which he claimed that BTLA confirmed that everything was all right. This indicates that he had known about the contents of the document before he received it from BTLA.
That is why we sent the following questions to the Bankruptcy Trustee Licence Agency:
- When estimating the work of the bankruptcy trustee, did the supervisor Dragana Kujundžić checked the rules of sale he had applied and, particularly did she know that the objections to the sale had been filed by The Commercial Bank, The State Attorney n behalf of the Tax Administration and me? We also do not know if she took in consideratin the fact that I had filed complaint to the bankruptcy judge's decision made in accordance with the bankruptcy trustee's suggestion?
- Did such a declaration made by the supervisor Dragana Kujundžić prejudge the outcome of the complaint procedure relating the question if the bankruptcy trustee retroactively applied the Bankruptcy Law on this sale instead of the Law on Bankruptcy Procedure?
- Finally, is there a pressure put on the work of the Commercial Court of Appeal in order to make it reject my complaint, because the supervisor found out that the bankruptcy trustee was acting in accordance with the law despite the fact that she did not have the insight into documentation?
Sincerely Yours,
Ilija Dević, Investor of ATP Vojvodina Company in Novi Sad