10. Contestaţie la tabelul preliminar de creanţe. Posibilitatea creditorului de a depune documente doveditoare şi după data formulării declaraţiei de creanţă
10. Appeal to the preliminary list of claims. Possibility for the creditor to submit supporting documents after the date of lodging the statement of claim

Summary/Abstract: The insolvency administrator of the debtor rejected the request of the budget creditor to register a claim in the preliminary list of claims on the debtor's assets, on the grounds that the respondent was obliged to submit supporting documents for the claimed claim within the deadline set by the insolvency judge by the decision opening the insolvency proceedings, namely 07.03.2024, and these documents had to be tax assessment decisions or declarations. The creditor lodged an appeal against the preliminary list, which was admitted by the syndic judge, who noted that the supporting documents were submitted with the appeal. The insolvency administrator lodged an appeal arguing that the creditor was deprived of the right to submit documents in proof of the claim. In agreement with the first instance and the court of appeal held that the provisions of Art. 104 para. (2) of Law no. 85/2014 do not provide for forfeiture of the right to file documents as an express sanction, the appellant's interpretation starting from the use of the terms "at the latest within the time limit set for filing the claim". However, in the absence of a sanction expressly provided for by law, the Court notes the need to analyze the teleological analysis of the relevant legal texts, noting that according to Article 106 para. (3) of the Insolvency Law, the insolvency administrator has the possibility to request explanations from the debtor, has the possibility to demand additional information and documents. If the disqualification invoked by the insolvency administrator were to operate by operation of law, such documents could no longer be requested. Even if the law sets a deadline by which these documents must be submitted, failure to do so does not forfeit the right to prove the claim.

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