In 2022, Petrivsky Quarter 3 LLC undertook the construction of a house in the village of Svyatopetrivske and took an obligation to transfer apartments to property rights buyers. However, to date, it has not completed the construction. The developer ignored the application for withdrawal from the contract and refund of investments submitted in the client's...
The Kharkiv appeal court revoked returning the application for bankruptcy on UAH 3 700 000,00.
The Kharkiv appeal court revoked returning the application for bankruptcy on UAH 3 700 000,00.
We submitted an application to open an insolvency proceeding to The Commercial Court of Sumska Oblast against our client’s debtor on more than UAH 3 700 000,00. The debt hasn’t been paid since 2009.
The State Executive Service completed an enforcement proceeding in 1,5 months after it had been opened.
According to the law, a creditor has the right to initiate an insolvency proceeding if a debtor does not pay for more than 3 months.
Despite that, the application was turned back without resolution by a judge because:
an enforcement determination was enforced less than 3 months by the State Executive Service;
the client’s power of attorney doesn’t authorize the lawyer to submit insolvency applications.
Both conclusions obviously contradict the law and the letter of attorney content.
On our appeal complaint, the Kharkiv Commercial Court of Appeal revoked a mentioned ruling.
We also substantiated and submitted a complaint against the judge to the Supreme Judge Qualification Commission of Ukraine.
15-03-2017
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