
Особливості розгляду справ про банкрутство
October 19, 2016 with the participation – lawyer of “Law Firm” Goretskyy and Partners “Supreme Court of Ukraine decided in the bankruptcy case, which defined limit the powers of the court of cassation complaints in bankruptcy and canceled a decree of the Supreme Economic Court of Ukraine in case to invalidate the results of the auction. October 19, 2016 with the participation- lawyer of “Law Firm” Goretskyy and Partners “Ukraine Supreme Court decided in the bankruptcy case, which overturned a decree of the Supreme Economic Court of Ukraine in case of approval of the report of the liquidator. The basis of a court of cassation on the approval of the report of the liquidator entrusted with the conclusion contained in the ruling of the cassation court to invalidate the results of the auction, stated that the issue of the legality of the sale of assets of the debtor in liquidation proceedings and settlement with creditors finally be resolved and the related statements liquidator debtor can not be approved because it does not address the issue about the legality of the sale of the debtor’s property. This fact was only referred to in the decision of the court of cassation in the case of approval of the report of the liquidator. In addition, the appeal court clearly said “… given the fact that the appeal court concluded that the violation of the Law of Ukraine” On Restoring Debtor’s Solvency or Declaring it Bankrupt “in the sale of property of the debtor at the auction of the case to invalidate the results of the auction, so the report follows the liquidator of the debtor in the case is the final document and can not be approved … “. Actually in the case of approval of the report of the liquidator annulling the judgment of cassation, the Supreme Court of Ukraine said that the only ground on which the Supreme Economic Court of Ukraine overturned the decision of the previous instance in the case of approval of the report of the liquidator is a violation of the law in carrying out the sale of property in case of recognition auction results invalid. So, since other bases in the judgment of the Court of Cassation was not given in the case of approval of the report of the liquidator and the judgment of cassation of the case to invalidate the results of the auction Supreme Court of Ukraine canceled, it shall be canceled and complained ruling of the court of cassation on the approval of the report the liquidator. Managing partner of law firm “Goretskyy and Partners” Oleg Goretskyy. Lawyer Law Firm “Goretskyy and Partners” Maryana Goretska. Links to the Supreme Court of Ukraine Resolution http://www.reyestr.court.gov.ua/Review/62191999.