CONFLICTUL DE PRIORITATE ÎN PROCEDURA INSOLVENŢEI; RELAŢIA DINTRE CREANŢELE GARANTATE, CURENTE ŞI FISCALE, SUB INCIDENŢA LEGII NR. 85/2014
PRIORITY CONFLICT IN INSOLVENCY PROCEEDINGS; THE RELATIONSHIP BETWEEN SECURED, CURRENT, AND TAX CLAIMS UNDER LAW NO. 85/2014

Summary/Abstract: In addition to procedural expenses, another major factor contributing to the erosion of secured claims is the payment regime applicable to current claims. The fact that these claims are paid in full and immediately, “in accordance with the documents evidencing them”, grants them a de facto privilege, placing them, from the perspective of payment flows, above claims arising prior to the opening of the proceedings, including secured claims. A current claim does not compete with a prior claim. This priority payment directly affects the pool of assets from which the other claims may be recovered, thereby implicitly subordinating secured claims.

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