Kuwait Court of Cassation principle number 2861

Ordinary creditors and creditors holding general preferential rights. They may not take individual proceedings against the debtor. They must submit an application to the bankruptcy administrator, who alone has authority to conduct a collective settlement of the debtor's assets. The rationale therefor. Article 597/1 of the Commercial Code. - Bringing actions against the bankrupt or the bankruptcy estate to claim a right, or proceeding with an action previously brought against the bankrupt. Impermissible. The creditor must lodge his debt in the bankruptcy so that the Public Investment Authority may verify it in its capacity as general administrator of the bankruptcy and submit it to the bankruptcy court. The court alone has jurisdiction to determine disputed debts. - The Public Investment Authority in its capacity as bankruptcy administrator. It is not a universal or particular successor to the bankrupt. - A judgment declaring the company bankrupt. An employee thereof bringing—after issuance of the judgment declaring bankruptcy—his action seeking - 555 - Sale to oblige the Public Investment Authority to pay his service gratuity. His failure to follow the course prescribed by law by applying to join the body of creditors arising immediately upon issuance of the said judgment. Its effect. Inadmissibility of the action.