Kuwait Court of Cassation principle number 385

Bankruptcy provisions and rules. Their relation to public policy. - A judgment declaring bankruptcy. It is rendered not solely in favor of the creditor requesting it, but in the interest of all creditors, even if they were not parties to the proceedings or were undisclosed creditors. The Commercial Law's failure to specify against whom an appeal is to be directed. Its effect. Recourse to the general rules of procedure. - 419 - Procedure. The appeal must be directed against the creditor seeking the declaration of bankruptcy and the creditors' trustee as representative of the body of creditors. Failure to join the latter. Its effect. Invalidity of the appeal. The reason therefor. - The obligation to join anyone not joined in the appeal, even after expiry of its time limit. Article 134 of the Law of Procedure. This provision is restricted, with respect to an appeal in cassation, by Article 153/2, which requires the petition to include the names of all litigants who must be joined therein, otherwise the appeal is invalid. Example. Concerning the direction of an appeal in cassation against the creditor seeking the declaration of bankruptcy without the trustee of the creditors in whose favor the judgment challenged in cassation was rendered.