We submitted an application for open a bankruptcy case to The Commercial Court of Sumska Oblast against our client’s debtor on more then UAH 3 700 000,00. A debt hasn’t been paid since 2009.
The State Executive Service completed an enforcement proceeding in 1,5 month after it had been opened.
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 that the application was turned back without resolution by judge because:
an enforcement determination was enforced less than 3 months by the State Executive Service;
client’s power of attorney doesn’t authorize lawyer to submit bankruptcy 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 of the Commercial Court of the Sumy Region.
We also substantiated and submitted a complaint against judge to the Supreme Judge Qualification Commission of Ukraine.