Prove the basis
The agreement or statute must identify the breach, rate and any cap.
The period is limited
Bankruptcy imposes special cut-off rules for sanctions on register claims.
Separate register entry
The penalty does not increase voting principal and follows special payment priority.
Calculation review
| Element | Creditor evidence | Common error |
|---|---|---|
| Basis | Contract clause or statute | Penalty claimed for an uncovered breach |
| Base amount | Overdue obligation | Charging on paid debt |
| Period | Default start and lawful cut-off | Continuing beyond the bankruptcy restriction |
| Rate | Daily or other rate and cap | Mixing penalty, interest and damages |
Article 137(3) requires penalties and financial sanctions to be recorded separately and paid after principal and interest. Current obligations require a different analysis based on when the debt and breach arose.
Creditor workflow
Establish principal
Reconcile the contract, acts, deliveries, payments and default date.
Calculate by period
Show rate changes, partial payments and the applicable bankruptcy cut-off.
Separate components
List principal, contractual interest, penalty and other sanctions separately.
File the evidence
Attach a transparent table, primary documents and service evidence.
Reduction
A debtor or participant may invoke Civil Code Article 333 where the penalty is manifestly disproportionate. Bankruptcy alone does not produce an automatic reduction; evidence and a reasoned calculation are required.
Documents
- agreement and amendments;
- acts, invoices, deliveries and payments;
- demand and breach notices;
- period-by-period calculation;
- EFRSB publications and bankruptcy orders;
- partial-payment evidence.
FAQ
Is the penalty included with principal?
It is established in the same case but recorded and paid separately.
Does it run until judgment?
Not necessarily; a bankruptcy cut-off may apply earlier.
Can it be filed after principal?
That depends on the stage, register deadline and previous claim determination.
Is it discharged in personal bankruptcy?
It generally follows the underlying obligation subject to Article 213.28 exceptions.
Official sources
Related guides: moratorium interest, Article 395 interest and creditor-register filing.
Need to review a calculation and claim priority?
Initial consultation