Business and tax

How do bankruptcy proceedings work?

Huquqchi legal team

A commercial legal entity that cannot fully satisfy creditors' monetary claims or pay taxes may be declared insolvent by the court. The economic court hears the case. The debtor, the creditors or other interested persons file the application. The Law on Insolvency sets the procedures.

When a company is declared bankrupt

Under article 57 of the Civil Code, the court may declare a commercial legal entity insolvent if it cannot fully satisfy creditors' claims on monetary obligations and (or) pay taxes and duties.

Who can file the application

Under article 211 of the Economic Procedure Code: the debtor, the creditors and other interested persons.

The main stages

The economic court hears the case. Under article 210 of the Economic Procedure Code, the court applies the special rules in the Law on Insolvency. That Law sets the procedures, their order and their time limits.

Important for a creditor

If you learn that a case was opened against your debtor, state your claim without delay. The law sets the time limit and the procedure for stating a claim.

Advice

Check the financial condition of a counterparty before you sign a contract. After a bankruptcy, the chance of recovering money drops sharply.

Legal sources

Legal basisCivil Code, article 57 Legal basisEconomic Procedure Code, article 211 Legal basisEconomic Procedure Code, article 210

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.