Bankruptcy and Insolvency Law in Serbia

Creditor Representation and Filing of Claims

When a debtor enters bankruptcy, creditors need to establish the amount, legal basis and status of their claims and take the procedural steps required to protect them.

We assist with:

• Reviewing contracts, invoices, judgments and other evidence supporting a claim.
• Preparing and filing creditors’ claims, including principal, interest and supporting documentation.
• Assessing claim classification, payment priority and the legal effect of security interests.
• Monitoring the examination of claims, court decisions, asset sales and proposed distributions.
• Representing clients in disputes concerning contested claims.
• Advising on participation in creditors’ assemblies and creditors’ committees in corporate bankruptcy proceedings.

Our advice takes account of the value of the claim, available information about the debtor’s assets and the likely costs of further action.

At the outset, we obtain the opening decision and publication details, separate principal from interest, identify any existing litigation or enforcement, and review guarantees and security documents. Filing the claim is only the first stage: creditors must monitor the examination list and any decision disputing their claim, since further procedural deadlines may require prompt action.

For background on corporate bankruptcy and insolvency law in Serbia, see the public information published by the Bankruptcy Supervision Agency (ALSU).

For an overview of the procedure and the roles of creditors and debtors, read our guide to bankruptcy proceedings in Serbia.

Secured Claims and Third-Party Property

We advise on mortgages, pledges and other security arrangements, including their validity, registration and treatment in bankruptcy. We also assess claims against guarantors and other persons liable for the same debt.

Where assets held by the debtor belong to another person, we advise on the legal basis and procedure for seeking their exclusion from the bankruptcy estate. This may be relevant to owners, lessors and suppliers, depending on their contractual and proprietary rights.

Corporate Restructuring and Reorganisation

We assist companies facing financial difficulties and creditors considering restructuring proposals. Our services include negotiating repayment arrangements, reviewing reorganisation plans and providing legal support for pre-packaged reorganisation plans, known in Serbia as UPPR.

We advise on creditor classes, voting rights, proposed changes to obligations, security arrangements and the legal consequences of an adopted plan. Where necessary, we coordinate the legal work with the client’s financial and accounting advisers.

Where a restructuring involves changes to ownership or corporate structure, we also provide corporate and commercial law advice.

Bank Bankruptcy and Depositors’ Rights

Bank bankruptcy in Serbia is governed by the Law on Bankruptcy and Liquidation of Banks and Insurance Undertakings, which establishes a special legal framework distinct from ordinary corporate bankruptcy. The Deposit Insurance Agency acts as bankruptcy administrator, and specific rules apply to creditor claims, payment priorities and distributions. The reorganisation provisions of the general Bankruptcy Law do not apply to bank bankruptcy proceedings.

Under Serbian law, eligible bank deposits are insured up to EUR 50,000 per depositor per bank, subject to statutory conditions and exclusions. Depositors whose claims exceed the insured amount may seek recovery of the uninsured portion through the bank’s bankruptcy proceedings. Deposits that do not qualify for insurance may also give rise to claims in those proceedings.

We advise individual and corporate depositors, including foreign and non-resident clients, on deposit insurance eligibility, the preparation and filing of claims, creditor classification and payment priorities, and representation before the competent commercial court.

For information about ALTA Bank matters, see our ALTA Bank Bankruptcy in Serbia page.

Bankruptcy-Related Litigation

We represent clients in disputes concerning contested claims, security interests, third-party property and transactions challenged in connection with bankruptcy.

Our work includes reviewing the evidence, assessing procedural requirements and litigation risks, preparing court submissions and representing clients before the competent courts.

Acquiring Assets Through Bankruptcy

We advise investors considering the purchase of assets or the acquisition of a debtor as a legal entity through corporate bankruptcy proceedings in Serbia.

Our services include legal due diligence, reviewing sale conditions and transaction documents, assessing ownership and encumbrances, and identifying registration requirements and liabilities relevant to the proposed acquisition.

The purchase of a specific asset and the purchase of the debtor as a legal entity require different due diligence. We review the sale notice, deposit and bid conditions, title documents, third-party rights, possession, permits and the steps needed to register the acquisition. A bankruptcy sale should not be treated as a substitute for checking what is actually being acquired.

Foreign Creditors and Remote Representation

We assist foreign individuals, companies and non-resident depositors pursuing claims in Serbian proceedings.

In many matters, representation can be arranged through a power of attorney without the client travelling to Serbia. We confirm the applicable requirements for authorisation, notarisation, legalisation, translation and identification according to the documents, the client’s country and the relevant procedure.

Clients receive updates on material developments, upcoming deadlines and decisions requiring their instructions.

Frequently Asked Questions

What is the deadline for filing a creditor’s claim?

In ordinary corporate bankruptcy, the court sets a filing period of 30–120 days from publication in the Official Gazette. Article 111 permits a filing after a shorter court-set period only within the absolute 120-day limit; filings beyond that limit are rejected as late. Additional examination requirements and costs may arise, so the court-set period should be followed. Bank bankruptcy has its own court-designated period of 30–90 days under the special law. The corporate 120-day rule must not be assumed to extend a bank-bankruptcy deadline. Always check the applicable court decision and publication.

Does filing a claim guarantee repayment?

No. Recovery depends on factors including the assets available for distribution, the admitted amount and priority of the claim, security rights and the costs of the proceedings.

What documents are needed for an initial assessment?

Relevant documents may include contracts, invoices, account statements, judgments, security documents and correspondence with the debtor. For bank deposits, deposit agreements, account statements and communications from the bank are particularly useful.

Are bank deposits insured in Serbia?

Serbian law provides deposit insurance of up to EUR 50,000 per eligible depositor per bank. Coverage depends on the depositor’s status and the nature of the deposit. Amounts exceeding the insured limit may be claimed in the relevant bankruptcy proceedings, subject to the applicable rules and deadlines.

Contact Our Bankruptcy and Insolvency Law Team

If you need advice on a creditor’s claim, financial distress, a restructuring proposal or an acquisition through bankruptcy in Serbia, contact Petrović Mojsić & Partners.

Please provide the debtor’s name, a brief description of your matter, any known deadline and the documents supporting your position. We will review the inquiry and propose the scope of legal assistance and applicable fees.

Legal content reviewed: 4 November 2026. Principal framework: Serbian Bankruptcy Law and, for banks, the separate Law on Bankruptcy and Liquidation of Banks and Insurance Undertakings.