Financial Restructuring and Bankruptcy Law

Article 228 — Article (228) Recovery

Part Four: Common Provisions · Chapter One: Effects of Decision to Initiate the Proceedings

1. It is permissible that the goods, ownership interests, real estate and any other assets, which are kept in the debtor's possession as a bailment or for the purpose of being sold on behalf of their owner or for the purpose of being handed over to the owner thereof, be recovered, provided that the same is physically found in the debtor's assets. If such assets are in a cash form, they shall be deemed to physically exist in the debtor's assets if they have been credited to the debtor's personal account with a financial institution. 2. If the debtor has kept the assets referred to in Clause (1) of this Article in the custody of a third party, the same may be recovered from that third party. 3. If a debtor borrows funds and pledges the assets referred to in Clause (1) of this Article to secure such a loan but the lender is not aware at the time of pledging that the debtor does not own such assets, they may only be recovered after the secured debt is repaid. 4. The recovery applications described in this Chapter shall be submitted to the Bankruptcy Department, accompanied by documents proving the eligibility of the recovery applicant in respect of its application. The Bankruptcy Department shall notify the debtor, the creditors, the trustee and the Unit, where the debtor is supervised by the regulatory authority, of the application and its attachments within (10) ten days from the date of its submission, and each of them may express its opinion on the application, not later than (10) ten days from the date of notification. 5. The Bankruptcy Court shall decide on the recovery application not later than (10) ten days from the end of the period specified for responding to the application.

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