Kuwait Court of Cassation principle number 1868

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 has exclusive competence to effect a collective settlement of the debtor's assets. The reason 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 submit 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 considered a universal or particular successor to the bankrupt. - A judgment declaring the company's bankruptcy. An employee thereof bringing his action, after issuance of the bankruptcy declaration judgment, seeking to oblige the Public Investment Authority to pay his end-of-service gratuity. His failure to follow the course prescribed by law by submitting an application to join the body of creditors that arises immediately upon issuance of the aforementioned judgment. Its effect. Inadmissibility of the action.