Doctors And Professionals Are Excluded From Bankruptcy Law By The Court Of Appeal

Doctors and professionals were excluded from the scope of application of the new bankruptcy law in a final ruling by the Court of Appeals. In its first ruling, the Court of Appeals vacated a judge's decision to launch bankruptcy proceedings against a Kuwaiti citizen who works as a consultant doctor and owns a private medical center and to appoint a bankruptcy trustee.

A group of creditors filed bankruptcy petitions against the citizen because of his accumulated debts against him, his inability to pay them, and his incapacity. As a result, the Bankruptcy Department reviewed the applications. Bankruptcy Committee submitted a report and recommended appointing a trustee from the roster of auditors licensed by Capital Markets Authority to inventory the debtor's financial assets. Therefore, the bankruptcy judge declared the citizen bankrupt and took all precautionary measures against him.

Attorney Fawaz Al-Khateeb, who represents the doctor, says the law gives professionals special protection and excludes them from bankruptcy law application since they are not merchants. Moreover, the Court of Appeal's ruling is final and cannot be appealed by any means, and it is to be implemented without notice in its original form. As confirmed by the Court of Appeals, the application of bankruptcy law to doctors is correct and provides doctors and professionals with the stability they seek. As a result of the new bankruptcy law, this final ruling may not be appealed to the Court of Cassation.

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