Subject: FW: Questions for Estonian authorities
From: "Justiitsministeerium"
To: "Justiitsministeerium"
Date: Thu, 13 Jun 2024 09:52:42 +0300

From: RP_YP_PERINTA <[email-masked] <mailto:[email-masked]> >
Sent: Wednesday, June 12, 2024 12:47 PM
To: JM Rahvusvahelise justiitskoostöö talitus 
<[email-masked] 
<mailto:[email-masked]> >
Subject: VL: Questions for Estonian authorities

Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga.
Tundmatu saatja korral palume linke ja faile mitte avada.

Kela has a number of cases pending that involve the collection of child 
support debt, and where the debtor (who lives in Estonia) is undergoing 
insolvency proceedings in Estonia. Usually this involves a bankruptcy. 
According to the Regulation (EU) 2015/848 of the European Parliament and of 
the Council on insolvency proceedings, any foreign debt that a debtor has 
also comes within the scope of any insolvency proceedings opened in Estonia. 
This means that any child support debt that a client of Kela who is the 
subject of insolvency proceedings may owe to us should be included in 
Estonian insolvency proceedings. The basic principle here is that the issues 
addressed in the insolvency proceedings and their legal ramifications for 
creditors are determined based on the legislation of the state in which the 
insolvency proceedings were opened. Some of the central government 
authorities collecting child support debt include the debt owed to Kela in 
their local insolvency proceedings and will monitor the progress of the 
proceedings on our behalf. In view of the above, we would like to inquire if 
the competent authority in Estonia also could see to it that the child 
support debt owed to Kela is included in bankruptcy or other insolvency 
proceedings that are started in Estonia and to monitor the progress of the 
proceedings. Additionally, we would appreciate further information about the 
substance of the Estonia bankruptcy law and the status of child support debt 
in Estonian bankruptcy proceedings against natural persons. We looked at the 
content available on the European e-Justice Portal ( 
<https://e-justice.europa.eu/447/EN/insolvencybankruptcy?ESTONIA&init=true&member=1> 
European e-Justice Portal - Insolvency/bankruptcy (europa.eu)) concerning 
the insolvency proceedings in Estonia, and found useful information, but we 
still have many questions. We would welcome your replies to the following 
questions:

*	It is our understanding that bankruptcy proceedings in Estonia only deal 
with that portion of child support debt which was accrued/became due prior 
to the start of the proceedings. Have we understood this correctly?
*	What is the procedure for collecting/paying off debt that becomes due 
after bankruptcy proceedings are opened? Can the competent authority 
continue to collect debts that are not covered by the bankruptcy after 
bankruptcy proceedings have been opened? If the debtor does not pay child 
support that falls due after the bankruptcy proceedings are opened, they 
will incur additional child support debt. Should they continue to make 
monthly child support payments also during the bankruptcy proceedings? Or 
should they negotiate with the bankruptcy administrator about the payments?
*	Creditors are expected to notify their claims by a specific deadline. Is 
child support debt considered privileged debt under Estonian bankruptcy 
provisions? If so, must creditors make an express demand that their claims 
are privileged as part of the proof-of-debt process/in their notice of 
claims? What legal provisions is the privileged status based on?
*	In bankruptcies involving natural persons, there is in Estonia also the 
option to discharge debt. According to our information, that procedure is 
launched contemporaneously with the declaration of bankruptcy. Are child 
support debts covered by the debt discharge procedure? If not, are creditors 
expected (either as part of the proof-of-debt process or otherwise) to 
present a written claim for the child support debt to be left outside the 
discharge of debt process? At what point should they present such a claim? 
Can child support debt be collected while the debt discharge procedure is 
ongoing? If yes, how is this done and what portion of child support debt can 
be collected while the debt discharge process is ongoing? The debtor may 
incur additional child support liabilities during the debt discharge process 
that they should pay monthly based on a maintenance agreement or court 
order. How and from which source can creditors find out that the debt 
discharge procedure has been concluded?
*	If creditors do not assert their claims against a child support debtor by 
a specified deadline, do they forgo the right to collect the debt? How 
should creditors proceed if they do not learn that the debtor is in 
bankruptcy until after the specified deadline has passed?
*	Does Estonian bankruptcy contain provisions regarding the statute of 
limitations treatment of debt during or after bankruptcy proceedings? If 
child support debt that is not covered by bankruptcy cannot be collected 
during the bankruptcy proceedings, is the statute of limitations extended on 
account of the bankruptcy?

Best regards,

Antti Partanen

lakimies, varatuomari

Kela, lakipalveluryhmä
Suokatu 40, 70101 Kuopio

040 355 9658

e-mail.  <mailto:[email-masked]> [email-masked]