Appellate Court overrules Gosa bankruptcy proceedings for procedural reasons – New hearing on January 9

One month after the Commercial Court of Pozarevac opened the bankruptcy proceedings at FSV Gosa Smederevska Palanka, the Commercial Appellate Court overruled the decision and returned it to the first-instance court for a repeated procedure. The Appellate Court reached this decision in line with the complaint by Radisa Savic, the legal representative of Gosa at the time of the opening of the bankruptcy proceedings, who said that the decision violated the provisions of the court procedure.

– The court has reached the decision for procedural reasons. The workers had also complained, but, as they had failed to file documents showing they had the status of creditors in relation to the bankruptcy debtor, the court rejected the complaint, but adopted the one made by the then director of the company – Miloljub Milic, former employee at the commercial department of Gosa, confirms for Politika.

Due to this, the hearing in which a board of creditors was to be formed, scheduled for December 27 at the Pozarevac court, wasn’t held. The Commercial Court of Pozarevac scheduled a new hearing for January 9, 2018, when the procedure of looking into the reasons for bankruptcy proceedings is to be repeated.

On December 27, the Commercial Court of Pozarevac adopted the solution on measures of security for the purpose of preventing a change of the property position of the bankruptcy debtor. The court estimated that, in this particular case, there was a risk of the lowering of the value of the property of the bankruptcy debtor and the violation of the creditors’ rights. The bankruptcy supervisor appointed at the first hearing has now been appointed temporary bankruptcy supervisor by decision of the same court.

The now former workers of FSV Gosa, who were let go immediately after the opening of the bankruptcy proceedings, are thoroughly confused. According to Miloljub Milic, they do not yet know what the latest decision means for them. The Business Registers Agency register, the workers say, still lists the company as undergoing bankruptcy proceedings.

– We only know that we’ve all been laid off and that we are all unemployed. A number of workers, who were among the first ones to be let go, have been paid compensations of RSD 7,000 each. Most of us haven’t been paid anything, so we have been practically living on the verge of hunger since October – Milic says.

He says that a total of 327 families are now entirely on their own. The bitterness runs high.

The hearing of January 9, 2018, is now expected and all eyes are on the Commercial Court of Pozarevac, which is to decide again on the Gosa bankruptcy.

As Politika reminds, at the first hearing for determining the reasons for bankruptcy proceedings, on November 16, the court adopted the request by the bankruptcy creditor AA Capital Consulting 2017 from Zemun and initiated the bankruptcy proceedings in FSV Gosa Smederevska Palanka. The bankruptcy proceedings were opened based on claims in the amount of EUR 400,000, which the Zemun-based company had bought out from Slovakia’s ZOS Zvolen, a daughter-company of ZOS Trnava, former owner of Gosa.

Goša fabrika šinskih vozila d.o.o. Smederevska Palanka

Privredni apelacioni sud

Privredni sud u Požarevcu

AA Capital Consulting 2017

ZOS Zvolen

ZOS Trnava

Commercial Court of Pozarevac

Radisa Savic

Miloljub Milic

bankruptcy proceedings in Gosa

Gosa bankruptcy