Subject of the dispute: Recovery of debt for thermal energy from apartment owners in the amount of 14,581.01 UAH.
Main arguments of the court:
1. The court adheres to the legal position that all property disputes where the debtor in the bankruptcy case is a party must be considered exclusively by the commercial court handling the bankruptcy case.
2. Since LLC “NizhynTeploMezhi” is in bankruptcy proceedings, the case for debt recovery must be considered in the commercial court, not in the civil court.
3. The court established that the court decision in the case was issued after the initiation of bankruptcy proceedings for LLC “NizhynTeploMezhi”, therefore, the Commercial Court of Chernihiv Oblast is the court established by law to consider this dispute.
Court decision: To leave the cassation appeal of LLC “NizhynTeploMezhi” unsatisfied, the resolution of the appellate court – unchanged.
