{"id":2311,"date":"2026-05-29T03:32:34","date_gmt":"2026-05-29T00:32:34","guid":{"rendered":"https:\/\/svaroglaw.com\/advokat-po-kredytam\/proczedura-bankrutstva-yurydychnoyi-osoby\/"},"modified":"2026-09-14T17:30:14","modified_gmt":"2026-09-14T14:30:14","slug":"proczedura-bankrutstva-yurydychnoyi-osoby","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/advokat-po-kredytam\/proczedura-bankrutstva-yurydychnoyi-osoby\/","title":{"rendered":"Bankruptcy proceedings for a legal entity"},"content":{"rendered":"

Support in the insolvency of a legal entity is needed by three different participants, and each has their own task. For the debtor, the opening of proceedings is a protective tool<\/strong>: from the day they open a moratorium applies to creditors\u2019 claims, penalties and interest stop accruing, and enforcement under writs is suspended (Art. 41 of the Bankruptcy Code of Ukraine).<\/p>\n

For a creditor it is the opposite \u2014 a recovery tool<\/strong>: where a debtor ignores a judgment and moves its assets around, an insolvency petition opens the way to challenging its transactions over the previous three years and to the director\u2019s personal liability.<\/p>\n

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And there is a third side that people remember too late: the director and the owners<\/strong>. A company\u2019s insolvency does not mean they lose nothing. The liquidator may ask the court to impose subsidiary liability<\/strong> on them (Art. 61(2) of the Bankruptcy Code), and then the company\u2019s unpaid debts are recovered from their personal property.<\/p><\/div><\/div>

<\/svg>+38 095 554-54-24<\/span><\/a>legal consultation<\/span><\/div>\n

Three positions: three different tasks<\/h2>\n
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We defend the debtor<\/h3>

Restoring solvency, a rehabilitation plan, keeping the business alive, protecting the director and the owners from subsidiary liability, objections to creditors\u2019 claims.<\/p><\/div><\/article>

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We act for the creditor<\/h3>

Initiating insolvency, entry in the register of claims, challenging the debtor\u2019s transactions, appealing the insolvency officeholder\u2019s actions, supervising the sale of assets.<\/p><\/div><\/article>

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We defend the director and the owners<\/h3>

Against subsidiary and joint liability, and in criminal proceedings<\/a> under Art. 219 of the Criminal Code (driving a company into insolvency).<\/p><\/div><\/article><\/div>\n

These positions are incompatible, so your own position has to be settled before someone else starts the procedure.<\/p>\n

What the opening of proceedings gives the debtor<\/h2>\n
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The effect of the moratorium<\/h3>\n\t\t\t<\/div>\n\t\t\t\n\t\t\t