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20.01.21 16:03:00
Debt collection at the expense of the property allocated from the debtor of the enterprise is provided
By Rulings dated 20.01.2021 in case No. 910/3392/20 https://reyestr.court.gov.ua/Review/94451280 The Economic Court of Kyiv replaced the debtor in enforcement proceedings with two joint debtors - the debtor itself and the entity created by the debtor by allocation for evading execution of the judgment. The Court took into account the relevant position of the Grand Chamber of the Supreme Court and agreed with the arguments of the claimant, whose interests were represented by lawyer Igor Khasin, that the transfer by the main debtor - a party in the enforcement proceedings - to the legal successor due to reorganization by allocating the main number of rights, in particular, real estate and leaving for itself only obligations, which the lender does not influence, may complicate the fulfillment of these obligations, in particular, at the expense of the corresponding real estate, i.e. such a method of reorganization can be aimed at evading the principal debtor from fulfilling his obligations. Thus, after the replacement of the original debtor in enforcement proceedings by two debtors - the main and subsidiary - enforcement actions for the execution of the decision must be carried out in relation to both debtors.
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