Kuwait Court of Cassation principle number 169

A judgment declaring a trader bankrupt. Its effect. The creation of a legal status whereby the trader is considered bankrupt, with the ensuing effects, including the formation of the body of creditors comprising ordinary creditors and holders of general preferential rights whose rights arose before the judgment was issued. They are prohibited from pursuing individual actions from the date of that judgment. Reversal of the judgment. Its implication. Removal of all effects of bankruptcy and their being deemed never to have existed from their inception. The litigants may invoke the effect of this reversal before the Court of Cassation, and the court may raise it of its own motion. The reason for this. Bankruptcy rules relate to public order. Contravention thereof and the Civil Circuit of the Court of Appeal's refusal to admit the application for assessment of lawyers' fees. Vitiates the judgment and requires its cassation.