Subject of Dispute: Initiation of Bankruptcy Proceedings for LLC “Rivne Agricultural Enterprise” based on the application by LLC “Spektr-Agro”.
Main Arguments of the Court: The Supreme Court revealed significant procedural violations in the decisions of previous instances, in particular, the issue of creditor’s claim priority was not clearly investigated, and the circumstances regarding the presence/absence of collateral under the agricultural receipt were not established. Lower courts did not verify whether the creditor’s claims were correctly classified as fourth-priority, without clarifying the status of claim security by collateral.
Court Decision: Annul previous court decisions and refer the case for a new hearing to the Commercial Court of Rivne Oblast for a preparatory court session.
