Appeal against the court's decision on the refusal to declare him bankrupt
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To the Court of Appeal for Civil Cases
and administrative cases of the Almaty City Court of Almaty,
050000, Kazybek bi str., 66 via SMES Almaty
Almaty, 050008, 273B Baizakov St.
LLP ".........", BIN: ……………
trustee Sarzhanov G.T. Almaty,
79 Abylai Khan Ave. office 304.
+7 700 978 57 55 DG in Almaty, Almaty, 93/95 Abylai Khan ave.
The appeal
in case No. 7527-21-00-2/4578
By the decision of the Council of Economic and Social Council of Almaty dated 07/16/21 in satisfaction of the claim of LLP ".........." the declaration of his bankruptcy was refused. The court motivated the refusal only by the fact that the debtor's insolvency claim was filed prematurely, since no measures were taken to recover the receivables (p. 4, para. 3). I believe that the court's decision is not based on the Law and there are grounds for its cancellation provided for in paragraph 3) of Part 1 of art. 427 of the CPC RK.
Appeal against the court's decision on the refusal to declare him bankrupt
The Court was provided with financial statements, these statements do not confirm the existence of accounts receivable. Also, in order to draw up an opinion on financial stability, the interim manager was provided with access to accounting documentation, according to which an opinion on financial stability was drawn up. In his conclusion, the interim manager also confirms the absence of accounts receivable. Based on the above, taking into account the inconsistency of the conclusions of the court of first instance set out in the decision with the circumstances of the case, guided by Articles 403-404 of the CPC RK, I ASK THE COURT:
To cancel the Decision of the Specialized Interdistrict Economic Court of Almaty dated 07/16/21.
To make a new decision regarding the LLP "..............." declaring him bankrupt.
Representative by proxy of LLP "..............." Sarzhanovg.T.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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