Court approves VMI–Linauris settlement, ends bankruptcy case

Lietuvos apeliacinis teismas has approved a settlement between the Valstybinė mokesčių inspekcija (VMI) and mažoji bendrija „Linauris“Teismai and used it to end the company's bankruptcy caseTeismai. Teisėja Laima Ribokaitė, by nutartis Nr. e2-1130-910/2026 of 2026 m. lapkričio 12 d., decided the company's separate appeal against the Kauno apygardos teismo 2026 m. rugsėjo 25 d. nutartis that had opened bankruptcy proceedings and appointed E. K. as nemokumo administratorė.

VMI had petitioned for bankruptcy because the partnership had not performed tax duties since 2024 m. rugpjūčio 27 d., its tax arrears stood at 33 450,76 Eur in July 2026, forced collection running since 2024 m. rugsėjo 3 d. had produced nothing, and the company owned no real estate while its vehicles were under arrest. The first-instance court found the default was no one-off disruption but had lasted over two years, with arrears of 30 955,46 Eur plus more than 41 000 Eur owed to others, and opened the bankruptcy caseTeismai.

On appeal the court admitted new evidence — the 2026 m. rugsėjo 30 d. profit-and-loss report, the fixed-asset list and the settlement request — and conducted the full viability analysis bankruptcy practice requires. The partnership operates at a profitTeismai, with 94 909 Eur of sales and 5 587 Eur of net profit over the first nine months of 2026; its 195 542 Eur of assets exceeded its 171 999 Eur of liabilities in August 2026Teismai; it employs two people with no Sodra debts and has been paying its debts down. Its difficulties are temporary, amplified by interim measures in force since January 2024, so the court found it gyvybingaTeismai and the bankruptcy conditions unmetTeismai.

The court restated the controlling rule: a settlement concluded after a not-yet-final bankruptcy-opening order does not by itself undo that order. Before approving it the court must verify solvency — the JANĮ liquidity and balance tests applied non-formally — assess the settlement's effect on solvency, and confirm that the other creditors, here MB „Asauna“ with 9 083,30 Eur and the bailiff A. B. with 2 716,50 Eur, are not harmed, because an opening order serves the public interest and binds erga omnes.

The 2026 m. spalio 26 d. taikos sutartis provides that the company had already paid 9 541,45 Eur before signingTeismai and will repay the remaining 22 263,37 Eur in 12 monthly instalmentsTeismai running from 30 November 2026 to 31 October 2027Teismai, while also meeting its current monetary obligations, by bank transfer to a VMI budget revenue account with payment code 1001 and a reference to the settlement. The debtor bears the settlement costs; VMI suspends forced collection of the rescheduled debt once the approval takes effect; the terms cannot be changed; and the settlement terminates on more than two months of default, on expiry of the payment term with amounts unpaid, or on the opening of bankruptcy, with VMI notifying by email within five business days and resuming enforcement. Finding that the settlement reflects the parties' true will, harms no other creditor and conflicts with neither mandatory norms nor the public interest, the court approved itTeismai, annulled the September opening orderTeismai and terminated the caseTeismai, with re-litigation between the same parties on the same subject and grounds barred.

Legal basis is Lietuvos Respublikos civilinio proceso kodekso 149 straipsnio 1 dalis, 293 straipsnio 1 dalies 5 punktas, 326 straipsnio 1 dalies 5 punktas ir 338 straipsnis.