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The bankruptcy of individuals and Provisions thereof under Kuwaiti law

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It happens that the financial conditions of the merchant become turbulent, and he fears his inability to fulfill his obligations on its due dates, given the state of the financial statements, and we find that the Kuwaiti legislator has appointed a department called “Bankruptcy Department” which in turn receives individuals’ bankruptcy requests, sends notifications, and verifies settlement requests. Bankruptcy is a legal procedure that protects a person who is unable to pay his debts, by providing him with protection from the court, which addresses creditors and prevents the liquidation of his financial assets, as well as helps him in regulating his financial conditions and resuming his commercial activity. The declaration of bankruptcy of individuals also results in a number of negative symptoms, as his money is placed under surveillance so that the judge decides for him a family subsidy, and the individual who has been declared bankrupt is not entitled to be a voter or a member of parliaments, chambers of commerce or trade unions, nor a member of a board of directors, nor to work In the banking sector, import or export, or to act on behalf of others in managing his money unless he has been rehabilitated.

Benefits of Individual Bankruptcy:

  •  Assisting the debtor in organizing his financial situation and resuming his commercial activity.
  •  Ensuring justice for creditors while preserving their rights.
  •  Ensuring equitable distribution, reducing the cost of procedures, and increasing their effectiveness.
  •  Manage the administrative liquidation of a debtor whose sale of assets is not expected to produce sufficient proceeds to cover liquidation expenses.

The functions of the bankruptcy administration according to Kuwaiti law

  •   Receiving requests, and directing notifications to interested parties.
  •  Verification of requests for settlement, bankruptcy, and restructuring thereof.
  •  Issuing all decisions of the bankruptcy judge's jurisdiction.
  •  Controlling the management of the debtor's money and business and the speed of procedures.
  •  Meeting and discussing creditors in the bankruptcy judge's opinion.
  •  Call the debtor, its heirs, agents, or employees to hear their statements.

How does bankruptcy protect creditors' rights?

Under Kuwaiti law, creditors are a group represented by a person named the " fiduciary secretary," who oversees the management of the bankruptcy on their behalf, and manages the debtor's money and business. Accordingly, claims, proceedings, and individual claims are stood by the creditors, all debts become payable, future payment dates are canceled, and all property of the bankrupt is therefore seized until full payment is made. Don't forget to consult a Kuwaiti business lawyer to determine your rights in your bankruptcy case. 

Terms & Conditions for termination of bankruptcy due to the demise of creditors' interest:

  • Performance of all debts of the debtor included in the final list of creditors.
  • Deposit or bank guarantee sufficient to pay off the debtor's debts.

A law firm to file bankruptcy applications in Kuwait

The integrated legal group (ILG) is committed to providing a comprehensive set of services accompanying the stage of submitting bankruptcy applications, and registering them with the Bankruptcy Department, under the supervision of a group of Kuwaiti civil lawyers and consultants specialized in bankruptcy cases. And also We are committed to protecting the rights and safety of our customers, ensuring successful outcomes, and providing the necessary legal support during bankruptcy and beyond to reach the best possible outcome.

Contact us today for professional advice and services from the best individual bankruptcy attorneys in Kuwait.