Statutul creditorului nenotificat în cadrul procedurii insolvenței – între stabilitatea derulării procedurii și limitarea drepturilor recunoscute creditorului. Aspecte teoretice și practice
The status of the unnotified creditor in the insolvency procedure – between the stability of the procedure and the limitation of the rights recognized to the creditor. Theoretical and practical aspects

Summary/Abstract: This article proposes a theoretical but also practical analysis of the legal framework conferred by the Special Insolvency Law to the creditor who, not having been notified, was objectively unable to file a statement of claim within the deadline set by the insolvency judge in the judgment opening the proceedings. In the absence of a legal text expressly regulating the way in which the request for the entry of the claim in the creditor mass is dealt with, namely by means of an activity report or, on the contrary, by the drawing up of a new table of claims by the insolvency administrator/judicial liquidator, the practice has become a non-unitary one. Moreover, the fact of taking over the proceedings at the current stage places the non-notified creditor in an unfavorable position vis-à-vis the other creditors, as he is placed in the situation where, having exceeded the legal deadlines for contesting the tables of claims or the previously drawn up activity reports, he is not recognized the right of access to justice.

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