Kolesnyk Ilya

Attorney

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+38 (073) 007-44-49 +38 (073) 007-44-54

Specialist in bankruptcy of individuals and legal entities. Provides legal support in bankruptcy procedures for individuals, private limited liability companies, legal entities, as well as closing executive proceedings, concluding restructuring and settlement agreements with financial institutions

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Case: Termination of proceedings on debt collection for a loan during military service

Restructuring and bankruptcy
Reading time: 2 min.
Authors
Kolesnyk Ilya Shakhovets Anastasia

On April 18, 2024, our client Dmytro, who is an active military serviceman and a participant in hostilities, contacted us. His problem was that the financial company, which acts as a creditor in relation to him, appealed to the court with a statement of claim for the recovery of debt due to the loan. Due to being in the war zone, he was not able to find out about the opening of the case and participate in the consideration of the merits.

Termination of proceedings on debt collection for a loan during military service

We conducted a detailed consultation and found out that in this situation there are all grounds for stopping the consideration of the court case on the merits until the end of the client’s military service. The Civil Procedure Code of Ukraine contains a rule that provides that the court has the right to stop the proceedings in the event that the participant in the case is in alternative (non-military) service outside the place of residence or in fixed-term military service.

In order to achieve the desired result, we had to apply to the court with a corresponding request to stop the proceedings and attach evidence of the client’s military service, namely a formal certificate, a military ticket and a UBD certificate.

We got involved in the process and submitted all the necessary documents to the court, on July 23, 2024, a court session was held, in which the court considered our petition and documents and made a decision to stop the proceedings in the case until the end of the client’s service. For the time being, while the case is stopped, we are working on an agreement with the financial company to close the loan on loyal terms, which will help the client to comprehensively solve his issues.

Photo of the work result:

We congratulate Dmytro on the successful completion of the case and thank you for your trust in “Prikhodko and Partners”! Our team is ready to help servicemen solve their problematic debts and protect their rights!

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