إسأل Attorney الآن
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Hi is it possible for me to apply for bankruptcy...
الرد من العميل
Is anyone there
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Article 6
1. The debtor, exclusively, may apply to the court for bankruptcy protection if he is facing financial difficulties that require his assistance to reach settlements with his creditors.
2. To accept a bankruptcy protection request, the debtor must not have stopped paying his debts due for a period of more than (30) thirty consecutive working days as a result of the disruption of his financial position or in the case of a debtor financial liability.
Article 7
The debtor’s request for a protective conciliation shall result in the cessation of the enforcement of its obligation stipulated in Article (68) of this decree by law, during the period extending from the date of submitting the request and the issuance of a court decision accepting or rejecting the opening of the bankruptcy protective procedures and the suspension continues if the application is accepted for the duration of these procedures.
Article 8
If the debtor is subject to a competent supervisory authority, the debtor may request bankruptcy protection, provided that he notifies the competent regulatory authority in writing thereof (10) ten working days from the date of submitting the application, and the competent regulatory authority may submit any documents or arguments about this to the court.
Article 9
1. An application for bankruptcy reconciliation is submitted to the court explaining the reasons for the request and attaching the following documents:
a. A memorandum containing a brief description of the economic and financial position of the debtor and information about his funds in addition to detailed data on his employees.
B. A certified copy of the commercial, industrial or professional license of the debtor and his commercial or professional record issued by the competent licensing authority in the emirate.
C. A copy of the commercial books or financial data related to the debtor’s business for the fiscal year prior to submitting the application.
D. A report that includes the following:
1) The debtor's liquidity forecast and profit and loss forecast for the 12-month period following the submission of the request.
2) A statement of the names of creditors and debtors known, their addresses, the amount of their rights or their debts and the guarantees offered to them, if any.
3) A detailed statement of the debtor's movable and immovable properties and the approximate value of each of those funds at the date of application, and a statement of any guarantees or rights of others arising therefrom.
3) A detailed statement of the debtor's movable and immovable properties and the approximate value of each of those funds at the date of application, and a statement of any guarantees or rights of others arising therefrom. E. Protective conciliation proposals and guarantees for their implementation.
And. The nomination of a trustee nominated by the debtor to assume the procedures according to the provisions of this decree by law.
G. If the applicant is a company, a copy of the decision of the competent authority in the company to authorize the applicant to submit an application to take bankruptcy protection actions, and a copy of the company’s establishment documents and any amendments made to it and deposited with the competent authority in the emirate, must be accompanied with the application.
H. A report issued by the authority responsible for credit information in the country.
I. Any other documents supporting the application.
2. If the student is unable to provide any of the required data or documents in accordance with the provisions of Item (1) of this article, he shall mention the reasons for this in his application.
Article 10
1. The court that considers bankruptcy-seeking reconciliation may decide, at the request of any interested party or on its own, to take the necessary measures to preserve or manage any of the debtor's money, including placing seals on the debtor’s business headquarters to That the application be decided.
2. The court may decide that any such measures remain in effect or decide to take any additional precautionary measures after accepting a bankruptcy protection request.
Article 11
The court verifies that the request fulfills all the documents supporting it, and it may grant the debtor a time limit to provide it with any additional data or documents in support of his request.
Article 12
The debtor shall deposit with the court treasury an amount of money or a bank guarantee in the manner and on the date that the court decides to cover the expenses and costs of the protective reconciliation procedures, including the fees and expenses of the secretary and any expert appointed.
Article 13
1. The court may appoint an expert registered in the roster of experts or from outside it if the court does not find someone with the required experience.
2. The appointed expert shall prepare a report on the financial debtor’s position, including his opinion on the availability of the necessary conditions for accepting the request for the opening of bankruptcy protection procedures, and he must indicate whether the debtor’s funds are sufficient or insufficient to implement the protective reconciliation.
3. The court shall determine the expert’s duties and fees and the period during which the report is to be submitted, provided that the period does not exceed (20) twenty working days from the date of notification of the appointment decision.
4. The provisions of Articles (19) and (20) of this Decree by Law shall apply to the expert.
Article 14
1. The court shall decide on the request for bankruptcy protection without the need to attend litigants within a period not exceeding (5) five working days from the date of submitting the application fulfilling its conditions or from the date of depositing the expert’s report as necessary.
2. If the court accepts the request, it decides to open the procedures for bankruptcy protection.
Article 15
The court decides to reject the bankruptcy protection request in the following cases:
1. If the debtor is subject to protective conciliation, restructuring, bankruptcy and liquidation of its funds in the state in accordance with the provisions of this decree by law.
2. If the debtor does not provide the documents and data stipulated in Articles (9) and (11) of this decree by law, or provides them incomplete without justification.
3. If it is proved to it that the debtor is acting in bad faith or that the request constitutes an abuse of the litigation procedures.
4. If a debtor is convicted of a conviction for one of the crimes stipulated in Chapter VI of this decree by law or in one of the crimes of forgery, theft, fraud, breach of trust or embezzlement of public funds unless he has been rehabilitated.
5. If it becomes evident to her that the protective reconciliation procedures are inappropriate for the debtor based on the data and documents submitted with the application or based on the report prepared by the expert in accordance with the provisions of Item (2) of Article (13) of this Decree by Law.
6. If the court decides to open bankruptcy proceedings in accordance with the provisions of Chapter Four of this Decree by Law.
7. If the debtor does not deposit the amount to be deposited or does not provide the required bank guarantee, according to the provisions of Article (12) of this decree by law.
الرد من العميل
Is there any jail sentence for filing bankruptcy and what type of documents i need to provide to announce my bankruptcy i am an individual and still having an orphan under my protection can you please advise thank you
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
إسأل Attorney
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين