Civil cases on inclusion (exclusion) in the register of creditors' claims in bankruptcy

Jurisdiction of cases of inclusion (exclusion) in the register of creditors' claims in bankruptcy In accordance with part 2 of Article 3 "On Rehabilitation and Bankruptcy" and Article 355 of the CPC, bankruptcy cases of individual entrepreneurs and legal entities are considered by the court according to the general rules of civil procedure, with the specifics established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.

Cases of this category are under the jurisdiction of specialized inter-district economic courts of the regions, cities of Almaty and Astana and are not subject to consideration in absentia.

According to subparagraph 3) of paragraph 1 of Article 50 of the Law "On Rehabilitation and Bankruptcy", from the moment of initiation of rehabilitation or bankruptcy proceedings, any creditors' claims against the debtor may be filed only within the rehabilitation or bankruptcy procedures provided for by this Law, with the exception of claims for the performance of guarantees and sureties by third parties, as well as foreclosure for the subject of pledge in cases where the pledgor is a third party.

Based on the above, cases of inclusion (exclusion) in the register of creditors' claims in bankruptcy can be filed only within the bankruptcy procedure, i.e. considered only by the court that declared the debtor bankrupt.

In accordance with paragraph 17 of the Regulatory Resolution on the results of consideration of creditors' claims (on recognition or non-recognition of a claim in full or in part, indicating the reasons for non-recognition), the temporary administrator (temporary manager) is obliged to notify each creditor in writing on the day following the day of the decision.

The decision of the temporary administrator (temporary manager) may be appealed by the creditor, the founder (participant), the debtor within ten working days to the court considering the rehabilitation or bankruptcy case.

This period is an interdiction period, and its omission is the basis for refusing to satisfy the complaint.

If the complaint of the creditor, founder (participant) is recognized as justified, the court is obliged to determine the appropriate queue in the register of creditors' claims, which should include the claims of the creditor, founder (participant).

An example of this is the plaintiff, Alhambra Cooperatief U.F., filed a lawsuit against the defendant, the interim manager of the Limited Liability Partnership Saga Creek Gold Company, to declare illegal and overturn the decision of March 4, 2016 on the refusal to recognize and include in the register of creditors a claim in the amount of 966,673,981.48 tenge.

The claim is motivated by the fact that on December 21, 2015, they applied to the interim manager for inclusion in the register of creditors' claims of debts in the amount of 3,147,954.87 US dollars, which is equivalent to 966,673,981.48 tenge.

However, on March 4, 2016, the recognition of this requirement was refused, due to the failure to provide the original documents. He believes that the interim manager was provided with indisputable documents confirming the debt.

He believes that in any case, not presenting the original documents is not a reason for refusing to recognize the creditor's claims. The decision of the specialized interdistrict economic Court of the Akmola region dated 06/23/2016 denied the claim.

In our opinion, by rejecting the claim, the court of first instance came to the correct conclusion that, in accordance with the requirements of Article 72 of the CPC, the plaintiff had not provided reliable, relevant and acceptable evidence of the debtor's debt to him.

In accordance with paragraph 3 of Article 90 of the Law "On Rehabilitation and Bankruptcy", creditors' claims must contain information on the amount of the claim (separately on the amount of the principal debt, remuneration (interest), penalties and other penalties, losses, accompanied by copies of documents confirming the basis and amount of the claim (court decisions that have entered into force, copies contracts, recognition of debt by the debtor), with simultaneous submission of original documents for reconciliation.

In the court session and in the response to the appeal, the defendant temporary manager indicates that the submitted creditor's claim did not contain the original documents for reconciliation. The plaintiff claims in the statement of claim that he provided the interim manager with the original contract dated December 23, 2015.

At the same time, he himself points out that not providing the original documents for reconciliation is not a reason for refusing to recognize the creditor's claims, and the plaintiff does not have the original documents.

Similar statements are given by the plaintiff in the petition dated May 12, 2016, where he indicates that he is unable to provide the original documents to the court, since the plaintiff does not have them.

Thus, the court found, and the parties do not dispute, that the creditor did not provide the temporary administrator with the originals of the debtor's debt documents.

There is a case when the court refuses to satisfy claims for declaring illegal the actions of the bankrupt manager regarding the inclusion of wage claims in the first stage of the register of creditors' claims, the obligation of the bankrupt manager to bring the register of creditors' claims in accordance with the law.

The bankrupt manager of Khobaspaypkazakhstan LLP, Esbergenov A.T., filed a lawsuit against Kazkommertsbank JSC, Ospanov M.B. to declare illegal the decision of the general meeting of creditors of Khobaspaypkazakhstan LLP regarding the transfer of collateral in kind to Kazkommertsbank JSC in the form of 169 items in the amount of 439421256 tenge adopted at the meeting on 05/06/2015 and invalidation of the agreement dated 19.03.2015 on the repayment of accounts payable by transferring property in kind, arguing that the former bankrupt manager Ospanov M.B. illegally failed to include wage creditors in the register of creditors' claims.

If the former employees had been included in the register in a timely manner, the debt in the first stage would have been repaid.

In turn, Kazkommertsbank JSC filed a lawsuit and a statement to clarify the requirements to the bankrupt manager of Khobas Pipkazakhstan LLP, A.T. Esbergenov, regarding the recognition of actions regarding the holding of the creditors' meeting on 06/15/2016 and the creditors' committee on 06/27/2016 as illegal, the recognition of actions to deprive the Bank of voting rights at the creditors' meeting as illegal, the recognition of the minutes of the creditors' meeting of 06/15/2016 and the decisions taken at it are invalid, the minutes of the creditors' committee of 06/27/2016 are invalid. and the decisions taken on it, recognizing as illegal the actions of the bankrupt manager regarding the inclusion of wage claims in the first stage of the register of creditors' claims, obliging the bankrupt manager to bring the register of creditors' claims in accordance with the law by including creditors' claims for wages in the order of the 5th stage.

The claim is motivated by the fact that they did not receive notification about the creditors' meeting on 06/15/2016, and the minutes of the creditors' meeting and the decisions taken at it are illegitimate. They received 2 business days' notice of the creditors' committee meeting.

The creditor's claims for remuneration in the first order are included illegally, since these creditors have made claims after the deadline for their submission has expired.

It follows from the contents of the protocol dated 05/03/2016 that the Bank was deprived of the right to vote in creditors' meetings due to the acceptance of collateral in kind.

The pledged creditor is deprived of the right to vote only at the creditors' meeting at which the issue of the transfer of the pledged property was considered.

Krestyaninov A.I., Kazygulov Sh.A., Kalasova Zh.B., Bayseitov Zh.S. filed a lawsuit against Kazkommertsbank JSC, Ospanov M.B. filed a lawsuit against Kazkommertsbank JSC, Ospanov M.B. to invalidate the protocol and the decision of the general meeting of creditors of Khobaspaypkazakhstan LLP regarding the transfer of collateral property in kind of Kazkommertsbank JSC in the form of 169 items in the amount of 439421256 tenge, adopted at the meeting on 05/06/2015, to invalidate the agreement dated 03/19/2015. on repayment of accounts payable by transfer of property in kind.

By the decision of the specialized interdistrict Economic Court of Aktobe region dated 08/16/2016. The claim of A.T. Esbergenov, the bankrupt manager of KhobaSpips Kazakhstan LLP, was denied. The claim of Krestyaninov A.I., Kazygulov Sh.A., Kalasova Zh.B., Bayseitova Zh.S. is partially satisfied.

The decision of the creditors' meeting of KhobaSpips Kazakhstan LLP regarding the transfer of collateral in kind to Kazkommertsbank JSC in the form of 169 items in the amount of 439421256 tenge adopted at the meeting on 03/06/2015 was declared illegal; the agreement dated 03/19/2015 was declared invalid. on repayment of accounts payable by transfer of property in kind. The claim of Kazkommertsbank JSC has been partially satisfied.

The actions of A.T. Esbergenov, the bankrupt manager of Hobas Pipes Kazakhstan LLP, regarding the holding of the creditors' meeting on 06/15/2016 and the creditors' committee on 06/27/2016 were recognized as illegal. The decisions of the creditors' meeting of 06/15/2016 and the creditors' committee of 06/27/2016 were declared invalid.

The rest of the claim was denied. The court's decision was motivated by the following: The bankrupt manager Esberegenov A.T. is the legal successor of the former bankrupt manager Ospanov M.B. and the law does not provide for the authority of the bankrupt manager to challenge the decisions and actions of the previous bankrupt manager.

In this regard, the claims of the bankrupt manager are not subject to satisfaction.

The claim is motivated by the fact that they did not receive notification about the creditors' meeting on 06/15/2016, and the minutes of the creditors' meeting and the decisions taken at it are illegitimate. They received 2 business days' notice of the creditors' committee meeting.

The creditor's claims for remuneration in the first order are included illegally, since these creditors have made claims after the deadline for their submission has expired.

It follows from the contents of the protocol dated 05/03/2016 that the Bank was deprived of the right to vote in creditors' meetings due to the acceptance of collateral in kind.

The pledged creditor is deprived of the right to vote only at the creditors' meeting at which the issue of the transfer of the pledged property was considered.

Krestyaninov A.I., Kazygulov Sh.A., Kalasova Zh.B., Bayseitov Zh.S. filed a lawsuit against Kazkommertsbank JSC, Ospanov M.B. filed a lawsuit against Kazkommertsbank JSC, Ospanov M.B. to invalidate the protocol and the decision of the general meeting of creditors of Khobaspaypkazakhstan LLP regarding the transfer of collateral property in kind of Kazkommertsbank JSC in the form of 169 items in the amount of 439421256 tenge, adopted at the meeting on 05/06/2015, to invalidate the agreement dated 03/19/2015. on repayment of accounts payable by transfer of property in kind.

By the decision of the specialized interdistrict Economic Court of Aktobe region dated 08/16/2016. The claim of A.T. Esbergenov, the bankrupt manager of KhobaSpips Kazakhstan LLP, was denied. The claim of Krestyaninov A.I., Kazygulov Sh.A., Kalasova Zh.B., Bayseitova Zh.S. is partially satisfied.

The decision of the creditors' meeting of KhobaSpips Kazakhstan LLP regarding the transfer of collateral in kind to Kazkommertsbank JSC in the form of 169 items in the amount of 439421256 tenge adopted at the meeting on 03/06/2015 was declared illegal; the agreement dated 03/19/2015 was declared invalid. on repayment of accounts payable by transfer of property in kind. The claim of Kazkommertsbank JSC has been partially satisfied.

The actions of A.T. Esbergenov, the bankrupt manager of Hobas Pipes Kazakhstan LLP, regarding the holding of the creditors' meeting on 06/15/2016 and the creditors' committee on 06/27/2016 were recognized as illegal. The decisions of the creditors' meeting of 06/15/2016 and the creditors' committee of 06/27/2016 were declared invalid.

The rest of the claim was denied. The court's decision was motivated by the following: The bankrupt manager Esberegenov A.T. is the legal successor of the former bankrupt manager Ospanov M.B. and the law does not provide for the authority of the bankrupt manager to challenge the decisions and actions of the previous bankrupt manager.

In this regard, the claims of the bankrupt manager are not subject to satisfaction.

According to paragraph 1 of Article 24 of the Law "On Rehabilitation and Bankruptcy", for the purposes of this Law, sending a notice to creditors, as well as to other persons entitled to participate in the creditors' meeting, by registered mail no later than twenty calendar days before the date of the creditors' meeting is considered a proper notification.

If the number of creditors exceeds fifty, the publication of an announcement of the creditors' meeting on the authorized body's Internet resource in Kazakh and Russian languages no later than twenty calendar days before the date of the creditors' meeting is considered to be a proper notification. On 15.06.2016, a meeting of creditors of Khobaspaypkazakhstan LLP was held, which was formalized by Protocol No. 12.

At this meeting, it was decided to establish a creditors' committee. On 27.06.2016, a meeting of the creditors' committee of the LLP was held. However, as it was established, the notification of the creditors' meeting on 06/15/2016 was not received by the Bank's creditor.

The bankrupt manager did not deny that the notification had not been sent. Since one of the creditors has not been notified, the meeting is not authorized in accordance with paragraph 2 of Article 26 of the Law. Therefore, the creditors' committee meeting itself is not authorized.

In this connection, the court concluded that the bankruptcy trustee's action regarding the holding of a creditors' meeting and the creditors' committee, as well as the decision taken at it, was unlawful. The requirements regarding the invalidation of the protocol are not subject to satisfaction, since the decisions taken on it are subject to challenge.

The Bank's demand for recognition of actions aimed at depriving the right to vote at creditors' meetings is also not subject to satisfaction. Justifying this requirement, the Bank refers to the contents of the protocol dated 05/03/2016. At the same time, the Bank, as a creditor, has the right, in case of disagreement, to appeal against the decisions taken at this meeting.

The Bank's arguments that the inclusion of creditors' claims for remuneration in the register of claims as part of the first stage is illegal, since these creditors have filed claims after the deadline for their submission, are unfounded.

Indeed, the pay creditors have not stated these requirements to the interim manager. These claims were submitted to the bankruptcy trustee, M.B. Ospanov, in October 2014. The private bailiff has sent enforcement documents issued on the basis of court decisions on the recovery of wages.

However, these claims were answered only on 29.10.2015, which were refused entry into the register of creditors' claims.

By the decisions of the Aktobe city Court dated December 23, 2015, January 06, 2016, and the act on the results of the audit of the authorized body dated July 08, 2016, the actions of the bankrupt manager Ospanov M.B. to refuse to include wage arrears in the register of creditors' claims were declared illegal.

In accordance with paragraph 4 of Article 102 of the Law "On Rehabilitation and Bankruptcy", when determining the amount of creditors' claims for remuneration and compensation, the debt incurred at the time of initiation of bankruptcy proceedings is taken into account as part of the first stage, except for the cases provided for in paragraphs 5 and 6 of this Article.

Paragraphs 5 and 6 of Article 102 of the Law determine in which cases creditors' claims for wages and compensation are subject to inclusion in the register of creditors' claims as part of the fifth stage. This provision of the Law does not provide that the creditor's claim for payment for work declared later than the deadline is included in the register of the fifth stage.

Under what circumstances the creditor's claim for remuneration is included in the register of the fifth stage is also provided for by the Rules and Deadlines for the formation of the register of creditors' claims (the form of the register of creditors' claims in bankruptcy proceedings).

In this regard, the actions of the bankrupt manager to include wage claims in the first stage are legitimate. One of the decisions of the creditors' meeting, according to the Minutes No. 4 of the creditors' meeting dated 03/06/2015, it was decided to approve the transfer of collateral in kind to the collateral creditor of Kazkommertsbank JSC due to partial satisfaction of claims against the bankrupt.

Further, pursuant to the decision of the creditors' meeting dated 03/06/2015, Khobaspaypkazakhstan LLP and Kazkommertsbank JSC concluded an agreement on repayment of accounts payable by way of transfer of property in kind dated 03/19/2015, in the form of 169 items in the amount of 439421256 tenge.

This creditors' meeting dated 03/06/2015 was held during the period when wage creditors were not included in the register of creditors' claims. As mentioned above, creditors Krestyaninov A.I., Bayseitov Zh.S., Kazygulov S.A. appealed to the bankruptcy trustee in the period before considering the transfer of collateral, but they were refused entry into the register and these actions of the bankrupt manager Ospanov M.B. were declared illegal.

The court considered that the absence of creditors on remuneration at the creditors' meeting on 03/06/2015 and the decision taken at it in the form of transferring collateral to a secured creditor violated the interests and legitimate rights of these creditors.

According to paragraph 3 of Article 103 of the Law, if the secured creditor agrees to receive the pledged property in kind, the repayment of his claims is carried out in accordance with the procedure and on the terms provided for in Article 104 of this Law.

The transfer of the pledged property to the pledged creditor takes place after the repayment of the claims of the creditors of the first stage and the administrative costs associated with the preservation and maintenance of the pledged property.

In accordance with paragraph 1 of Article 158 of the Civil Code, a transaction is invalid, the content of which does not comply with the requirements of the law, as well as committed for a purpose deliberately contrary to the principles of law and order or morality. In such circumstances, the requirements regarding the recognition of the unlawful decision of the creditors' meeting on the transfer of collateral in kind adopted at the meeting of the creditors' meeting dated 03/06/2015 and the invalidation of the agreement dated 03/19/2015. the court recognized the repayment of accounts payable by transferring property in kind as satisfactory.

The register may include creditors' claims that they have previously submitted to the court, if they meet the requirements specified in the law, if there is a creditor's application.

BRANT LLP filed a lawsuit with the bankruptcy trustee of WellTech Services LLP for the obligation to include a claim in the amount of 39,254,784 tenge in the fourth row of the register of creditors' claims, arguing that on the basis of the concluded agreement between BRANT LLP and WellTech Services LLP, the plaintiff provided engineering support services and preparation of drilling mud at the Alibekmola field during drilling of the side well No. A114, owned by Kazakhoil Aktobe LLP, however, WellTech Services LLP did not pay for the work performed., and subsequently declared bankrupt by a court decision.

The plaintiff promptly sent to the interim manager a claim in the amount of 39,254,784 tenge for inclusion in the register of creditors' claims, however, the claim is included in the fifth priority. By the decision of the specialized interdistrict economic Court of Aktobe region dated 10.10.2016, the claim of BRANT LLP was satisfied.

The bankrupt manager of WellTech Services LLP is obligated to include the claim of BRANT LLP in the amount of 39,254,784 tenge in the fourth row of the register of creditors' claims of WellTech Services LLP. The case materials established that the court's decision dated 06/02/2016 WellTech Services LLP was declared bankrupt with the initiation of bankruptcy proceedings for a period of 9 months.

The decision came into force on July 11, 2016. By Order of the Russian State Institution "Department of State Revenue for Aktobe region" No. 377 dated July 11, 2016, Isanov A.K. was appointed bankrupt manager of WellTech Services LLP.

In accordance with subparagraph 5 of paragraph 3 of Article 88 of the Law "On Rehabilitation and Bankruptcy", after the court's decision declaring the debtor bankrupt, the interim manager is obliged to form a register of creditors' claims in accordance with the procedure, terms and form established by the Government of the Republic of Kazakhstan.

07.04.2016 BRANT LLP, represented by the head of Adilbekov NT. The interim manager of WellTech Services LLP, A.K. Isanov, was purposely presented with a claim to include the amount of debt in the amount of 39,254,784 tenge in the register of creditors' claims of WellTech Services LLP, an agreement concluded between BRANT LLP and WellTech Services LLP dated 04/09/2014, an additional agreement dated 09/04/2014 and a reconciliation report from 08/10/2015.

When forming the register of creditors' claims of WellTech Services LLP, the interim manager lost the documents with the claim submitted by BRANT LLP. On June 13, 2016, the register of creditors' claims formed by the interim manager was published on the website of the authorized body, which did not contain the claim of BRANT LLP.

On June 11, 2016, BRANT LLP re-sent a claim to the interim manager with previously attached documents on inclusion in the register of creditors' claims of WellTech Services LLP.

On July 19, 2016, the register of creditors' claims, which was re-formed by the interim manager, was published on the website of the authorized body, in which the claim of BRANT LLP was included in the fifth row as a claim filed after the deadline for its submission.

In accordance with paragraph 3 of Article 90 of the Law, creditors' claims against a bankrupt must be filed by them no later than one month from the date of publication of the announcement on the procedure for filing claims by creditors.

Creditors' claims must contain information on the amount of the claim (separately on the amount of the principal debt, remuneration (interest), penalties and other penalties, damages, accompanied by copies of documents confirming the basis and amount of the claim (court decisions that have entered into force, copies of contracts, recognition of the debt by the debtor), with simultaneous submission of the original documents for reconciliation. Creditors are also entitled to submit other documents confirming the basis and amount of the claim.

By virtue of paragraphs 4, 5 of Article 90 of the Law, a creditor's claim filed later than the deadline specified in paragraph one of paragraph 3 of this Article is included in the register of creditors' claims, but such creditor is deprived of the right to vote in the creditors' meeting until the creditors' claims filed within one month are fully satisfied.

Creditors' claims filed within the time period provided for in the first part of paragraph 3 of this Article must be reviewed by the interim administrator within ten working days from the date of their receipt and recognized claims are included in the register.

The register may include creditors' claims filed by them earlier in court, if they meet the requirements specified in the second part of paragraph 3 of this Article, if there is a creditor's application.

Paragraph 5 of Article 100 of the Law stipulates that settlements with other creditors on civil and 11 other obligations are made in the fourth row, as well as creditors' claims are satisfied in the case provided for in paragraph 3 of Article 104 of this Law.

Thus, since the plaintiff applied to the interim administrator within the time limit prescribed by Law with a request to be included in the register of creditors' claims, and the attached documents meet the requirements specified in part two of paragraph 3 of Article 90 of the Law, the actions of the interim administrator to include him in the fifth turn of the register do not comply with the Law.

In some cases, courts reject claims against the bankruptcy trustee for inclusion of a claim in the fourth row of the register of creditors' claims.

Thus, the company "Bekem Metals Inc." filed a lawsuit with the court, taking into account the application filed in accordance with Article 48 of the CPC to the temporary bankruptcy administrator of Kyzyl Kain Mamyt LLP, B.S. Kumiskaliev, to include the claim in the fourth stage of the register of creditors' claims and to declare illegal actions to leave the application without consideration, arguing that the defendant, violating the requirements of the legislation of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" unreasonably left the application without consideration and included the claim in the register in the fifth row.

The decision of the specialized interdistrict economic Court of Aktobe region dated 26.10.2016 denied the claim.

By law, the obligation to submit an application for the inclusion of creditors' claims in the relevant register with the attachment of original documents confirming the basis and amount of the claim is assigned to the creditor. The company "Bekem Metals Inc." has submitted an application to the interim manager B.S. Kumiskaliev, demanding inclusion in the register of creditors with the attachment of a full package of documents in the original confirming the basis and amount of the claim (court decisions that have entered into force, copies of contracts, recognition of debt by the debtor) on 25.08.2016.

According to paragraphs 4 and 5 of Article 90 of the said Law, a creditor's claim filed later than the deadline specified in paragraph one of paragraph 3 of this Article is included in the register of creditors' claims, but such creditor is deprived of the right to vote in the creditors' meeting until the creditors' claims filed within one month are fully satisfied.

Since the announcement of the initiation of bankruptcy proceedings and the procedure for creditors to file claims was posted on the Department's website on 07.07.2016, and the plaintiff requested inclusion in the register of creditors with the attachment of a complete set of documents in the original confirming the basis and amount of the claim on 25.08.2016, that is, at the end of the month period, interim manager B.S. Kumiskaliev, 12 reasonably included the plaintiff in the register of creditors' claims as part of the fifth stage.

It was also established that the plaintiff initially filed application No. 18 dated 07/14/2016, without specifying the applicant's address and without attaching copies of documents confirming the basis and amount of the claim (court decisions that have entered into force, copies of contracts, recognition of debt by the debtor), while simultaneously submitting the original documents for reconciliation.

This application was received by Kumiskaliev B.S., by e-mail on 08/02/2016, the specified application was sent from the e-mail of an individual Prokhin K.V. by Letter No. 22 dated 08/05/2016 by Kumiskaliev B.S., the application was left without consideration, due to the fact that the applicant did not submit the original documents confirming the basis and amount of the claim that is, in fact, the temporary managers refused to include the applicant's claim in the relevant register.

At the hearing, the parties did not dispute that Prokhin K.V. refused to receive the specified letter dated 08/05/2016, on the grounds that he was not a representative of the company "Bekem Metals Inc", whereas the application was sent from his email address.

Since the legislation obliges the creditor to submit an application for the inclusion of creditors' claims in the relevant register with the attachment of original documents confirming the basis and amount of the claim, and the plaintiff filed the claim later than the deadline set by paragraph 3 of Article 90 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", in fact, the interim managers refused the applicant to include the claim in the relevant register, the court I considered the claim to be unsatisfactory.

Restoration of the time limit provided for appealing the bankruptcy administrator's decisions.

By the decision of the Council of Economic and Social Council of Astana dated 09.06.2014. Kunan Trans LLP has been declared bankrupt, bankruptcy proceedings have been initiated. The State Institution "Committee of Transport of the Ministry of Investment and Development of the Republic of Kazakhstan" (hereinafter referred to as the Committee) filed a lawsuit with the court to recognize the decision of the bankrupt manager of Kunan Trans LLP, Mukhamedzhanova Z.Zh., as unlawful, forcing the inclusion of the Committee's claims in the register of creditors' claims. The claim is motivated by the fact that the defendant unlawfully refused to include in the register of creditors' claims the debtor's debt to the Committee in the amount of 11,661,000 tenge.

At the same time, the plaintiff asked to restore the missed deadline for appealing the bankruptcy trustee's decision, pointing out that they had initially appealed to the court against the bankruptcy trustee's actions, but the complaint was registered by the court not as a claim, but as an incoming appeal. After that, the Committee was given the answer that it should be applied in a different order.

According to paragraph 2 of Article 91 of the Law "On Rehabilitation and Bankruptcy", in case of disagreement with the decision of the temporary managing creditor, the founder (participant) has the right to appeal it within ten working days to the court considering the bankruptcy case.

The plaintiff's arguments about missing the deadline were found by the court to be sound, so the deadline missed by the plaintiff was restored.

By the decision of the specialized inter-district Economic Court of Astana dated 06/15/2016, the claims were satisfied, recognizing as illegal the refusal of the bankrupt manager to include the Committee's claims in the register of creditors' claims in the amount of 11,661,000 tenge. The bankrupt manager is required to include the Committee's claim in the register of creditors' claims in the amount of KZT 11,661,000.

The legislation applied in the consideration of civil cases on inclusion (exclusion) in the register of creditors' claims.

The legislation applied in the consideration of civil cases on inclusion (exclusion) in the register of creditors' claims.

The legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy procedures is based on the Constitution of the Republic of Kazakhstan and consists of the Civil Code of the Republic of Kazakhstan (general Part dated December 27, 1994, special part dated July 1, 1999 No. 409-I) (hereinafter referred to as the Civil Code), the Civil Procedure Code of the Republic of Kazakhstan dated October 31, 2015 No. 377- V. (hereinafter referred to as the CPC), the Law of the Republic of Kazakhstan dated March 7, 2014 No. 176–V "On Rehabilitation and Bankruptcy" (hereinafter referred to as – The Law "On Rehabilitation and Bankruptcy"), the Law of the Republic of Kazakhstan dated January 31, 2006 No. 124-III "On Private Entrepreneurship" (hereinafter referred to as the Law "On Private Entrepreneurship"), the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 2, 2015 No. 5 "On the practice of applying legislation on rehabilitation and Bankruptcy" (hereinafter referred to as the Regulatory Resolution), other laws and regulatory legal acts that establish the specifics of the procedures for inclusion (exclusion) in the register of creditors' claims.

If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those provided for by the Law on Rehabilitation and Bankruptcy, the rules of the international treaty shall apply.

The legislation on rehabilitation and bankruptcy establishes the obligation of a temporary administrator (temporary manager) to create a register of creditors' claims.

Creditors' claims against the debtor must be filed by them no later than one month from the date of publication of the notice on the procedure for filing claims by creditors.

Creditors' claims filed within one month must be reviewed by the temporary administrator (temporary manager) within ten working days of their receipt, and recognized claims are included in the register.

A creditor's claim filed later than one month is included in the register of creditors' claims, but such creditor is deprived of the right to vote at the creditors' meeting until the creditors' claims filed within one month are fully satisfied.

The register may also include creditors' claims that they previously filed with the court in compliance with the requirements of paragraph 2 of Article 72 and paragraph 3 of Article 90 of the Law on Rehabilitation and Bankruptcy.

The temporary administrator (temporary manager) is obliged to notify each creditor in writing on the day following the day of the decision on the results of consideration of creditors' claims (on recognition or non-recognition of the claim in full or in part, indicating the reasons for non-recognition).

 

 

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