IGNOS Law Alliance Successfully Secured Client’s Receivables by Rejecting Other Type of Claim from the Debtor
20 June 2024
Medan, 20 June 2024 - IGNOS Law Alliance succesfully represented the client as one of the creditors in the bankruptcy case of a palm oil manufacturing company, by rejecting other type of claim filed by the debtor in the Commercial Court at the District Court of Medan.
The background of this case is related to the reciprocal agreement which was later amended by the parties based on an agreement in a meeting. Then, the plaintiff was declared PKPU by the court, and the implementation of the reciprocal agreement was terminated by the administrator team so that our client was acknowkedged as an unsecured creditor with a receivebles exceeding of Rp22 billion. The plaintiff was then declared bankrupt by the court, and our clien’s bill receiveables determined of Rp22 billion under the renvoi procedure decision.
In its claim, the plaintiff claimed that our client had acted an unlawful act due to did not carry out the agreement, thereby causing losses to the bankruptcy estate. The plaintiff also did not recognize that there was an agreement in the meeting. Therefore, the plaintiff requested that our client’s receivables in the bankruptcy process be reduced to Rp1.9 billion.
We reject the claim and state that the plaintiff has no right to dispute our client’s receivables, since the plaintiff never disputed our client’s receivables in the verification meeting, the plaintiff never submitted a renvoi procedure, and the court has determined our client’s receivables of Rp22 billion under the renvoi procedure decision. In addition, our client also has no debt to the bankruptcy estate and there is no an unlawful act from our client, since the implementation of the agreement has been terminated by the administrator team, the object of the agreement had been handed-over to the plaintiff, and our client has paid all of the plaintiff’s rights related to the implementation of the agreement.
As a result, the judges rejected the plaintiff’s claim since it is legally unproven. This victory is a proud achievement for IGNOS, which continues to be committed to providing professional, high-quality, and integrity-driven legal services to its clients.
