Subject of Dispute: Recognition of Monetary Claims of PJSC “Ukrainian Innovation Company” against LLC “Riton” in the Bankruptcy Case.
Main Arguments of the Court:
The Supreme Court established that PJSC “Ukrinbank” and PJSC “Ukrainian Innovation Company” are the same legal entity, despite the change of name. The Court concluded that the change of the bank’s name does not affect its previous obligations and creditor’s rights. The Court of Appeal erroneously refused to recognize the Company’s monetary claims without substantively examining the circumstances of the debt arising from the credit agreement.
Court Decision: To cancel the resolution of the appellate commercial court and refer the case for a new review to fully and comprehensively investigate the circumstances of the case.
