SACC 6/1443
This case involved whether conditions were in place to begin restructuring proceedings.
Background
A debtor submitted a request to the court seeking the commencement of financial restructuring proceedings. This request was due to the large amounts of debt he faced and his inability to pay it The debtor sought to initiate financial restructuring proceedings to enable him to settle these debts.
Decision
The court said that Article 47 of Saudi Arabia Cabinet Decision No. 264/1439 stipulated that the court should open the proceedings if it was possible for the debtor to continue his activities and settle the claims of the creditors within a reasonable period. The court could also open the proceedings if the debtor was bankrupt, in a state of financial insolvency, or likely to face financial disturbances that may threaten his solvency. The court said that the case documents revealed that the debtor had submitted the documents and information referred to in Article 43 of Saudi Arabia Cabinet Decision No. 264/1439. The court said that the debtor had therefore fulfilled all the conditions and requirements stated in the law on the information and documents.