RUNNING BANKRUPTCY CANNOT BE BROUGHT BACK

In the framework of the bankruptcy case of a citizen (No. A20-4764/17), the debtor filed an application for a revision of the ruling on the introduction of debt restructuring procedures under new circumstances due to the fact that the court of appeal reversed the decision confirming the amount of the debtor's debt to the applicant creditor.

The courts of two instances found grounds for satisfying the application and canceled the ruling on the introduction of bankruptcy proceedings against the debtor.

The district court refused to satisfy the application, noting that the following bankruptcy procedure (sale of property) had already been introduced against the debtor, and the applicant creditor was not the only creditor.

In such a situation, the ruling of the court of first instance regarding the introduction of the procedure for restructuring the debts of a citizen in any case was not subject to cancellation due to new circumstances, since this would violate the interests of other creditors.

In addition, the debtor is not deprived of the opportunity to defend his rights by applying for amendments to the register of creditors' claims.

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