Article 37. Grounds for Initiating Insolvency Case
On insolvency (LRU-763-son) · Date: 12.04.2022 · In force
An insolvency case may be initiated by a court if there are signs provided for by paragraph one of Article 5 of this Law, except for the cases provided for by this Law.
Insolvency proceedings shall be initiated on the basis of an application from creditors, a debtor and persons authorized by this Law.
The grounds for applying to the court with an application for initiation of insolvency case and applying one of the procedures for restoring solvency shall be the temporary insolvency of the debtor.
The grounds for applying to the court with an application for initiation of insolvency proceedings against the debtor and declaring it bankrupt, as well as for the commencement of liquidation proceedings, shall be the constant insolvency of the debtor.
Evidence confirming the validity of the creditor's claims, including a court decision that has entered into legal force, evidence of recognition of these claims by the debtor, a notary's writ of execution shall be the grounds for the creditor to apply to the court to initiate insolvency proceedings against the debtor and declare it bankrupt, as well as commencement of liquidation proceedings.
The grounds for filing an application by the state tax authority to initiate insolvency proceedings against the debtor shall be the measures taken to collect debts on taxes and fees.
