Here is the analysis of the court decision:
1. Subject of Dispute: The bank’s right to challenge the ruling on closing proceedings in a natural person’s insolvency case.
2. Main Arguments of the Court:
– The court confirmed the bank’s right to challenge the judicial decision, as the debtor previously indicated the bank among its creditors
– The Supreme Court emphasized that the court of first instance prematurely closed the proceedings without performing necessary procedural actions
– The court established that the bank has the right to file its claims, even if it did not manage to do so in a timely manner
3. Court Decision: To leave the cassation complaint without satisfaction, and the resolution of the appellate court – unchanged.
Important: The court essentially deviated from previous practice regarding limiting creditors’ right to appeal in insolvency cases.
