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ARTICLE · 10 MARCH 2020

New Ukrainian Bankruptcy Code. The Finance And Debt Restructuring Perspective

The Code replaces the Act of Ukraine on Renewal of Debtor's Solvency or Declaring It Bankrupt dated 14 May 1992 that applied previously.

UkraineInsolvency/Bankruptcy/Re-Structuring

November 2019 – On 21 October 2019, the Code on Bankruptcy Procedures adopted by Ukraine's parliament on 18 October 2018 ("the Code") came into effect. The Code replaces the Act of Ukraine on Renewal of Debtor's Solvency or Declaring It Bankrupt dated 14 May 1992 that applied previously. The Code has sparked controversy in Ukraine and until the last moment there were discussions whether its entering into effect should be postponed until a later date.

Launch of insolvency proceedings

The Code makes launching insolvency proceedings much easier compared to the previous law. Under the Code, creditors may file to start insolvency proceedings against a debtor as soon as the debtor fails to pay a debt when due, regardless of the amount and period of delay. The court in charge of bankruptcy proceedings ("bankruptcy court") must commence the proceedings unless there are grounds to stay them: (a) the debtor has satisfied the creditors' claims in full before the preliminary

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