RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of April 28, 2006 No. 5

About some questions connected with practice of application of the Law of the Kyrgyz Republic "About bankruptcy (insolvency)

Having discussed practice of consideration by courts of cases on bankruptcy (insolvency), for the purpose of ensuring uniform application of the Law of the Kyrgyz Republic "About bankruptcy (insolvency)" of October 15, 1997, and according to article 15 of the Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts",

decides:

1. Draw the attention of courts that according to Item 3 of Article 26 and Item 2 of Article 384 of the Code of civil procedure of the Kyrgyz Republic of case on bankruptcy (insolvency) of legal entities and individual entrepreneurs are considered by interdistrict courts, at the same time does not matter whether the legal entity or physical person is applicant (creditor).

2. Courts shall consider that after initiation of proceeedings about bankruptcy (insolvency) the court has no right to adopt the similar statement from other creditor for recognition by the bankrupt (insolvent) of the same debtor. In the specified situation the court should refuse to the creditor adoption of the statement based on Item 7 of article 27-12 of the Law of the Kyrgyz Republic "About bankruptcy (insolvency)" as proceeedings about bankruptcy (insolvency) of the corresponding debtor are already initiated. In determination about refusal in adoption of the statement its right to appeal to interdistrict court with the statement for participation in case in quality of the creditor shall be explained to the creditor.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info