Appeal complaint and complaint against judge to the Supreme Judge Qualification Commission of Ukraine were submitted.

Appeal complaint and complaint against judge to the Supreme Judge Qualification Commission of Ukraine were submitted.

We submitted an application for opening of a bankruptcy case to The Commercial Court of Sumska Oblast against our client’s debtor on UAH 3 760 857,10 debt. A debt hasn’t been paid since 31.12.2008 and was being resolved by all the court instances all the time including its new resolution.
A debtor is being in winding up proceeding by resolution of its shareholders.
Enforcement was opened more than 3 months ago. Although The State Executive Service completed it without recovery of debt, revoked arrests and handled a court enforcement determination to debtor’s liquidation commission in 1,5 month after enforcement had been opened. A liquidation commission continues not to pay although the debtor has property and earnings.
Pursuant to the law a creditor has the right to initiate a bankruptcy case if debtor does not pay for more than 3 months.
Despite imperative rules the application was turned back without resolution by judge N.Spyrydonova because a court enforcement determination was enforced less than 3 months by the State Executive Service.
Due to such logic a creditor never can initiate a bankruptcy case and recover debt.
We substantiated and submitted both an appeal complaint and a complaint against judge to the Supreme Judge Qualification Commission of Ukraine because of such judge’s ruling obviously violates client’s interests. Kyiv lawyer. Commercial litigation. Tax dispute resolution.

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