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The new law on bankruptcy earns in a year

January 18, 2013 enters into force the Law № 4212-VI of 12.22.2011, which statement the Law of Ukraine "On Renewing Debtor's Solvency or Declaring it Bankrupt" in the new edition.

The text of the law was published in the official publication "Voice of Ukraine" 18 January this year, in connection with what started counting one year before the entry into force.

However, one provision of the law already has - namely, the point 14 of paragraph 7 of Chapter X, "Final and Transitional Provisions", which introduced amendments to the Law "On the court fee." The court fee in cases related to bankruptcy, is set in the following amounts:

- With applications for approval of a plan of reorganization before the proceedings in bankruptcy cases - a minimum wage;

- A statement of the institution of proceedings for bankruptcy - 5 minimum wage;

- The application of creditors who make a monetary claim against the debtor after the announcement of the institution of proceedings for bankruptcy, and after notification of acceptance the debtor bankrupt - a minimum wage;

- A statement of recognition of contracts (agreements) void and denying the debtor's property activities within the proceedings of bankruptcy - a minimum wage;

- A declaration of termination of a settlement agreement made ​​in bankruptcy, or declaring it invalid - a minimum wage;

-To appeal and cassation complaint in the bankruptcy case - 0.5 minimum wages. "

The new law on bankruptcy differs from its predecessor not only in terms of (134 articles instead of 53), and really solves a number of current problems. In particular:

- Introduced a new procedure for notification of creditors of a proceeding in the bankruptcy case - the relevant announcement posted on the official website of the Supreme Economic Court of Ukraine. However, the order will become effective until 18 January 2014 th - this time of potential bankrupts creditors still have to watch for announcements in the newspapers.

- To prevent delays in the bankruptcy procedure in paragraph 2 of Article 22 of the new law will set the duration of the stage management of property - 115 calendar days (with possibility of renewal for two months). Remediation start entering a term of six months (with possibility of extension for another twelve months), and elimination shall be carried out within twelve months.

- The notion of "pretrial rehabilitation" (old style. 5.6 Law) - a system of measures to restore the solvency of the debtor, which may be made ​​to prevent the bankruptcy of the debtor by taking organizational, economic, managerial, investment, technical, financial, economic, legal measures according to law before the proceedings in the bankruptcy case.

- Matters in disputes of any proprietary claims to the debtor in respect of which a violation of the bankruptcy case, considered the commercial court, hearing an bankruptcy case (the relevant changes made ​​to the art. Art. 12, 16 GIC).

Law of Ukraine "On Amendments to the Law of Ukraine" On Renewing Debtor's Solvency or Declaring Bankruptcy »№ 4212-VI of 22.12.2011
 
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