Kuwait Court of Cassation principle number 3629

The bankruptcy court. Its jurisdiction to issue authorization to the Public Investment Authority, in its capacity as administrator of the union of creditors, to sell the bankruptcy estate's assets and deposit the sale proceeds in the treasury of the managing bank to distribute them among creditors after deducting the amounts determined by the court for expenses. Article 21 of Law 41 of 1993, as amended, and its Implementing Regulations. - What the court issues pursuant to its judicial power—may be challenged, unlike decisions it issues that do not have the character of judgments. - The decision issued by the bankruptcy court authorizing the Public Investment Authority to sell the bankruptcy estate's assets without adjudicating a judicial dispute or adversarial proceedings in the legal sense. An act of non-contentious jurisdiction issued by the court as the body entrusted with supervision and oversight of bankruptcy proceedings. Its effect. It may not be challenged by appeal. Prefacing the decision with the word judgment does not alter this. The reason for this. Article 127, Civil Procedure Law. Example. - Bankruptcy decisions. They may not be challenged by appeal unless the law provides otherwise. - Decisions issued by the bankruptcy judge that are not open to challenge. Their nature. A decision issued on a matter outside his jurisdiction. It may be challenged before the Court of Appeal within 10 days from the date of notification of the decision. Article 639/1 of the Commercial Code.