The Dubai Civil Court has declared an Arab debtor insolvent after it was confirmed that he had accumulated debts totaling Dhs6.2 million.
The court found he was unable to repay the amount or offer any assets that could be liquidated for the benefit of his creditors. Furthermore, he was determined to lack a stable source of income.
The documents revealed that the court initiated insolvency proceedings and appointed an insolvency trustee to audit the debts and assess the debtor's financial position.
The trustee's report showed that the total approved debt amounted to Dhs6,199,739 owed to two banks operating in the country.
It was determined that a debt of Dhs4,412,629 was established in favour of one bank based on an enforcement order in a civil execution file, while another debt of Dhs1,787,110 was established in favor of the other bank based on a commercial execution file.
The report indicated that the debtor is currently unemployed and lacks a fixed income. Additionally, he has not demonstrated ownership of any assets or funds that could be liquidated to settle the debts.
Based on this, the court concluded that proceeding with the liquidation process is unfeasible due to the absence of assets available for execution or distribution among the creditors.
The court highlighted that the purpose of insolvency law is to support debtors acting in good faith by helping them address their financial difficulties under the guidance of the court and an insolvency trustee.
This process involves assessing debts, reviewing available assets, and striving to establish a settlement with creditors when feasible.
Nevertheless, the law also permits the court to declare insolvency and conclude the proceedings if it is found that the debtor's assets are inadequate to meet their obligations or if there are no assets available for liquidation.
The court consequently decided to declare the debtor insolvent and conclude the insolvency proceedings, enforcing the stipulated legal consequences.
These include prohibiting the debtor from acquiring any new loans or financing for a three-year period starting from the date of the ruling and restricting the debtor from undertaking new financial commitments except where deemed essential to cover basic needs for themselves or their dependents