Subject of Dispute: Recognition of Bankruptcy of Private Enterprise “Rentservice-MSL” based on the application by LLC “Yacht-Marine Club”.
Main Arguments of the Court:
1. During the period of martial law, there is a temporary prohibition on forced collection of overdue creditor indebtedness from enterprises acquired through privatization.
2. The creditor does not have the right to demand debt repayment from the enterprise purchaser through court proceedings or bankruptcy procedure.
3. Special legislative restrictions take precedence over general grounds for initiating bankruptcy proceedings.
Court Decision: Revoke the resolution of the appellate court and uphold the ruling of the first instance court on refusal to open bankruptcy proceedings.
