Liquidation of the debtor without initiation of bankruptcy proceedings
Chapter 7 of the Law provides for the specifics of liquidation of the debtor without initiation of bankruptcy proceedings, which is carried out in the following cases::
the debtor is absent;
(in this case, the creditor for taxes and customs payments has the right to apply to the court);
in relation to the debtor, there is a set of circumstances provided for in paragraph 3 of Article 114 of this Law.
(in this case, the debtor has the right to apply to the court).
The grounds for applying to the court for liquidation of the debtor without initiating bankruptcy proceedings are provided for in paragraph 2 of article 114 of the Law.
Within five working days from the date of receipt of the application, the court issues a ruling on the initiation of the case and sends copies of the ruling to the debtor, the applicant, the authorized body, the regional chamber of private bailiffs, to the territorial judicial authority at the location of the debtor (if it is a legal entity).
Within a period not exceeding five working days from the date of the ruling on the initiation of the case, the court shall decide on the liquidation of the debtor without initiating bankruptcy proceedings. In the decision, the court must indicate the assignment of the liquidation procedure to the authorized body, to which the rights and duties of the administrator are transferred.
Example:
1) The decision of the Council of Economic and Social Council of the West Kazakhstan region refused to satisfy the application of the tax authority for declaring bankrupt IP Savchenko S.A.
In the case, notices to the debtor were sent three times to the postal address indicated in the application, but there is no information about delivery or return to the IP "Torelik", the debtor did not participate in court. The temporary manager explained that the debtor had not been identified, and when visiting the place of residence indicated in the materials, the residence of other persons had been established.
Since 2013, tax survey reports on the absence of sole proprietors at their place of residence have been compiled.
The court of first instance pointed out that in the absence of the debtor, the applicant should have applied to the court in accordance with Chapter 7 of the Law with an application for liquidation of the debtor without initiating bankruptcy proceedings, since filing the relevant application provides for a different procedure for considering the case by the court.
Summary of judicial practice in the application of legislation on rehabilitation and bankruptcy in cases considered by the courts for the period 2020-2021 and the 1st half of 2022.
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