Închiderea procedurii insolvenței – o formalitate sau un demers complex
Closing the insolvency procedure – a formality or a complex process
Author(s): Marcela ComșaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: insolvency proceedings; closure of proceedings; debtor; creditor; reorganization plan; bankruptcy; current claims; asset liquidation; distribution of amounts; final report;
Summary/Abstract: Law No. 85/2014 provides six grounds for the closure of insolvency proceedings. The most frequently encountered in judicial practice are: closure of reorganization proceedings following the fulfillment of obligations undertaken through the plan; closure of bankruptcy proceedings after the liquidation of all assets belonging to the debtor's estate; and, surprisingly, closure due to lack of assets. At first glance, the closure of proceedings should not raise significant issues; however, case law shows that even this stage can give rise to debates. Depending on the grounds for closure and the type of debtor subject to the insolvency proceedings, the legal effects vary.
Journal: Revista de Insolvenţă Phoenix
- Issue Year: 93/2025
- Issue No: 3
- Page Range: 5-12
- Page Count: 8
- Language: Romanian
