of May 23, 2007
About bankruptcy
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 19.07.2007 it is refused to open production on review)
Case No. 15/682-b
NAME OF UKRAINE
Judicial board of the Supreme Economic Court of Ukraine in structure: Polyakova B. M. - the chairman (the speaker on case), Katerinchuk L. O., Tkachenko N. G.
having considered the writ of appeal of JV MDM LLC, Zaporizhia
on the resolution of 14.12.2006 economic court of Kiev
on case N15/682 - economic court of Kiev
according to the statement of the debtor of Maks Lyne LLC, Kiev
about bankruptcy
the arbitration manager - Petrenko A. S.
representatives took part in judicial session:
JV MDM LLC - A.V. goat, Dover.;
the debtor - Chernenko O. A., Dover.
ESTABLISHED:
Determination of economic court of the city of Kiev of 24.10.2006 according to the statement of Maks Lyne LLC proceeedings of N15/682 - about its bankruptcy according to the procedure of Art. 51 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" are open (далееЗакон).
Of 14.12.2006 (judge Homenko M. G.) Maks Lyne LLC is declared bankrupt the resolution of economic court of Kiev and the liquidating procedure is open, the chairman of liquidation commission of the arbitration manager Petrenko A. S. is appointed the liquidator of the bankrupt.
Without agreeing with the issued decree, JV MDM LLC appealed to the Supreme Economic Court of Ukraine with the writ of appeal in which it asks to repeal the resolution of economic court of Kiev of 14.12.2006 and to stop proceeedings.
The writ of appeal is motivated with violation of regulations of substantive and procedural law by Trial Court, in particular Art. 51 of the Law.
According to the applicant of the writ of appeal he was not attracted to participation in case, however the resolution on recognition of the debtor by the bankrupt directly concerns its property is right.
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