Subject of Dispute: Reclaiming Immovable Property (Nursery-Kindergarten) from the State Company “Ukrspetsexport” due to Unlawful Disposal of Debtor’s Property during the Moratorium in Bankruptcy Proceedings.
Main Court Arguments:
1. The moratorium on satisfying creditors’ claims extends to the disputed legal relations, therefore, the executor’s actions to sell the debtor’s property are unlawful.
2. Each type of electronic auction has its own independent staging and is not a continuous process, therefore, the moment of publishing information about the sale must be determined for each separate stage of the auction.
3. The Supreme Court deviated from the previous legal position regarding the definition of the “property sale stage”, indicating the need for a narrower interpretation of this concept.
Court Decision: The case has been referred for a new hearing to establish the good faith/bad faith of the property acquirer and to verify all circumstances of the case.
