1. The subject of the dispute is the appeal of the rulings and постановs of the courts of previous instances in the part of the refusal to satisfy the creditor’s and liquidator’s applications to close the bankruptcy case.
2. The court of cassation overturned the decisions of the courts of previous instances, since the courts did not take into account that the main part of the debtor’s property is located in the occupied territory, which makes it impossible to complete the liquidation procedure according to the rules of the Code of Ukraine on Bankruptcy Issues (CUoBI); the courts did not investigate the issue of the completeness of the liquidator’s actions in searching for and selling the property, as well as the objective possibility of completing the bankruptcy procedure within the established timeframes; a long-term moratorium on satisfying creditors’ claims violates their rights, and the further implementation of the liquidation procedure in the absence of property places an obligation on the creditors to pay the liquidator’s remuneration. The court noted that martial law itself is not an unconditional basis for extending the term of the liquidation procedure, and such term may be extended only if the purpose of the bankruptcy case and the goals of the debtor’s liquidation are objectively achievable. **:** The court noted that the occurrence of circumstances stipulated in paragraph 1.6 of the section “Final and Transitional Provisions” of the CUoBI (location of the debtor’s property in the occupied territory) in a bankruptcy case, the proceedings in which were opened before the introduction of martial law, may be regarded as another case for closing the bankruptcy case within the meaning of paragraph 14 of the first part of Article 90 of the CUoBI.
3. The court overturned the decisions of the courts of previous instances in the part of the refusal to satisfy the applications for closing the bankruptcy case and sent the case for a new trial to the court of first instance.
