One of the achievements of our team was recorded this time in the Court of Cassation, when protecting the interests of our client in the bankruptcy process. An individual had an obligation to our client and in connection with this, AM legal team filed a lawsuit with the court within the framework of civil proceedings.
During the examination of the case the debtor was declared bankrupt, about which our client was informed after the deadline set by law. Immediately after being informed AM filed a claim on behalf of the client with the Bankruptcy court, also petitioning to consider the missing of the deadline set by law excused, since our client was protecting his rights within the framework of a civil case. The RA Bankruptcy Court rejected our petition, registering the claim as a subordinate unsecured claim, in which case our client would not receive compensation, due to the insufficiency of the debtor’s property and the existence of claims from previous rankings.
The decision of the Bankruptcy Court was appealed to the Court of Appeal, but the Court of Appeal rejected our appeal, leaving the decision in force. A cassation appeal was filed by Larisa Hayrapetyan, attorney, chief legal advisor of AM Law Firm, justifying the validity of the missed deadline in connection with another court case, as well as emphasizing that the issue of the validity of the missed deadline can serve as an important precedent, ensuring uniform application of the law in similar cases.
The Court of Cassation accepted the appeal and satisfied it, recognizing the missing of the deadline as excused, and the client’s claim was registered in the appropriate ranking established by law.
