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incidencní zaloba

English translation: adversary proceeding complaint

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09:16 Nov 1, 2007
Czech to English translations [PRO]
Law/Patents - Finance (general) / Bankruptcy
Czech term or phrase: incidencní zaloba
Hello there,
Hope someone can help with this... I am translating a text about a bankrupt bank and am stumped by "incidencni zaloba". The source text says:

Z celkového poctu 222 ***incidencních zalob***, jejichz pravomocné rozhodnutí je podmínkou ukoncení konkursu zkrachovalé banky, jich bylo ke konci brezna 111 pravomocne skonceno. Jak dnes nás informoval správce konkursní podstaty banky, v naprosté vetsine ukoncených sporu uspela. V ***incidencni zalobe*** soud rozhoduje, zda narok je opravneny.

I checked with the customer and they sent me the following

"Incidencni zaloba" is a special type of action (lawsuit) that can be brought by a trustee or creditors during the second stage of a bankruptcy proceeding, when the trustee is putting together the list of assets in bankruptcy. This kind of action is brought when there is a dispute about what exactly belongs on the list.
Simply said they are arguing at court who owes money to whom, how much money they owe, and who has a claim on certain assets.

The customer thinks it may be called an "incidence lawsuit" but I cannot many incidences of incidence lawsuit. I hope that someone will be able to point me in the right direction.
Thank you
Charles Stanford
Czech Republic
Local time: 17:26
English translation:adversary proceeding complaint
Explanation:
I think "incidencni rizeni" may be "adversary proceedings" in the US bankruptcy system (although "adversary proceedings" may be a borader term as it seems to cover any disputes in the bankruptcy proceedings, not just a dispute over whether a claim really exists).

"Incidencni zaloba" did not really give me many hits in Czech so I found out that this is also known as "Žaloba o určení existence pohledávky" From the context you got from your client, this is the next stage which comes after the "Proof of Claim" (showing the existence of a claim) is filed and then subsequently contested by the debtor.
Selected response from:

Tomáš Barendregt
United States
Local time: 09:26
Grading comment
thanks Tomas - Žaloba o určení existence pohledávky especially helpful
4 KudoZ points were awarded for this answer

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Summary of answers provided
3indirect action
Igor Liba
3adversary proceeding complaintTomáš Barendregt
3incidental action
Pavel Blann


  

Answers


24 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
incidental action


Explanation:
this is the closest term I could find with enough hits

Pavel Blann
Czech Republic
Local time: 17:26
Works in field
Native speaker of: Native in CzechCzech
PRO pts in category: 20
Notes to answerer
Asker: thanks Pavel - went with Tomas Barendregt's in the end but thanks anyway

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5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
adversary proceeding complaint


Explanation:
I think "incidencni rizeni" may be "adversary proceedings" in the US bankruptcy system (although "adversary proceedings" may be a borader term as it seems to cover any disputes in the bankruptcy proceedings, not just a dispute over whether a claim really exists).

"Incidencni zaloba" did not really give me many hits in Czech so I found out that this is also known as "Žaloba o určení existence pohledávky" From the context you got from your client, this is the next stage which comes after the "Proof of Claim" (showing the existence of a claim) is filed and then subsequently contested by the debtor.


    Reference: http://en.wikipedia.org/wiki/Adversary_proceeding_in_bankrup...
Tomáš Barendregt
United States
Local time: 09:26
Specializes in field
Native speaker of: Native in CzechCzech
PRO pts in category: 4
Grading comment
thanks Tomas - Žaloba o určení existence pohledávky especially helpful
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
indirect action


Explanation:
have a look at the document found at www.eurlex.eu :

http://eur-lex.europa.eu/Notice.do?mode=dbl&lang=sk&lng1=sk,...

--------------------------------------------------
Note added at 7 hrs (2007-11-01 16:30:16 GMT)
--------------------------------------------------

check this document for "incidencni pravni prostredky"

http://eur-lex.europa.eu/Notice.do?mode=dbl&lang=cs&lng1=cs,...


    Reference: http://www.fdic.gov/regulations/laws/rules/6000-900.html
Igor Liba
Slovakia
Local time: 17:26
Native speaker of: Native in SlovakSlovak
PRO pts in category: 16
Notes to answerer
Asker: thanks Igor, Tomas's version fitted best in the end I thought but thank you for getting back to me too

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