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: We obtained a court decision to reject the claim of “Business Pozyka” LLC for the recovery of UAH 95,362.44

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

Service: Bankruptcy and Insolvency Filing

In December 2024, a client named Ruslan contacted us with a problematic debt to Business Pozyka LLC.

Description of the circumstances of the case

Back in October 2023, we had already provided Ruslan with legal assistance in opening an insolvency case No. 911/2659/23 in the Commercial Court of Chernihiv Region. As part of this case, a debt restructuring procedure was introduced, and creditors who did not submit monetary claims within the established period were considered to have been repaid.

Despite this, on November 27, 2024, Business Pozyka LLC received an absentee decision to collect from Ruslan UAH 95,362.44 of debt and UAH 2,422.40 of court fees. The plaintiff violated the requirements of the law, since he was already informed about the insolvency case, but did not declare his monetary claims within the time period prescribed by law.

How did we act in the case with problematic debt?

We carried out comprehensive legal work – an application for review of the default judgment, a response to the claim and other procedural documents were prepared. The client was represented by a lawyer from our company, who defended his interests in court sessions.

The first step was the successful cancellation of the default judgment on February 21, 2025. Then we proved that the debt falls under the regulation of the Bankruptcy Procedure Code, and therefore should be considered repaid. The court took into account our legal position and arguments that Business Loan LLC unscrupulously bypassed the mechanism for submitting monetary claims within the insolvency case.

On March 28, 2025, the court ruled to refuse to satisfy the claims of “Business Pozyka” LLC in full.

Photo confirmation of the result of the work

We sincerely congratulate Ruslan on his victory and thank him for trusting the team of the law firm “Prikhodko and Partners”!

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Did you take out loans from a bank?

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Did you take out loans from MFIs?

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Do you need help urgently?

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