Section 49. Preparation of Insolvency Case for Court Proceedings
On insolvency (LRU-763-son) · Date: 12.04.2022 · In force
The preparation of an insolvency case for trial shall be carried out by a judge in the manner prescribed by the Economic Procedure Code of the Republic of Uzbekistan, with the special considerations established by this Law.
The judge shall decide on the introduction of a monitoring procedure not later than five days from the date of receipt of the application for initiation of insolvency proceedings against the debtor.
If the debtor or the temporary manager or the state tax authorities or other authorized body has objections on the creditors' claims, the judge shall verify the validity of their objections.
The verification by the judge of the validity of the objections of the debtor or the temporary manager or the state tax authorities or other authorized body shall be carried out no later than one month before the end of the established period for consideration of the insolvency case.
Based on the results of consideration of the validity of the objections of the debtor or the temporary manager or the state tax authorities or other authorized body, the court shall issue a ruling on the inclusion or refusal to include creditors' claims in the register of creditors' claims. The ruling shall indicate the amount and order of satisfaction of the creditors' claims in respect of which the objections are recognized as unsubstantiated.
A court ruling based on the results of consideration of objections to creditors' claims may be appealed (protested against). An appeal (protest) against the said ruling shall not suspend its validity.
In order to determine the financial condition of the debtor when preparing an insolvency case for court proceedings, as well as when considering an insolvency case, the court shall have the right to appoint an expert examination.
