Kuwait Court of Cassation principle number 433

The bankruptcy court. Its jurisdiction to issue permission to the Public Investment Authority, in its capacity as administrator of the creditors’ union, to sell the assets of the bankruptcy estate and deposit the sale proceeds in the treasury of the managing bank to distribute them among the creditors after deducting the sums determined by the court for expenses. Article 21 of Law 41 of 1993, as amended, and its Executive Regulations. - What the court issues pursuant to its judicial authority. May be challenged, unlike decisions it issues that do not have the character of judgments. - The decision issued by the bankruptcy court permitting the Public Investment Authority to sell the assets of the bankruptcy estate without deciding a judicial dispute or litigation in the legal sense. A non-contentious judicial act issued by the court as the body entrusted with supervision and oversight of bankruptcy procedures. Its effect. It may not be challenged by appeal. Prefacing the decision with the word “judgment” does not alter this. Reason therefor. Article 127 of the Civil Procedure Law. Example. - Bankruptcy decisions. May not be challenged by appeal unless the law provides otherwise. - Decisions issued by the bankruptcy judge that are not open to challenge. What they are. A decision issued in a matter outside his jurisdiction. May be challenged before the Court of Appeal within ten days from the date of notification of the decision. Article 639/1 of the Commercial Law.