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.