11. Procedura insolvenţei. Divergenţe între practicianul în insolvenţă şi creditorul majoritar. Retragerea administratorului judiciar/lichidatorului versus înlocuirea acestuia
11. Insolvency procedure. Divergences between the insolvency practitioner and the majority creditor. Withdrawal of the judicial administrator/liquidator versus his replacement

Summary/Abstract: In the development of the insolvency proceedings, no agreements can be accepted under which the majority creditor being willing to defend its own interests to the detriment of the competitive ones, proceeds to replace the judicial administrator/ liquidator under different conditions than those provided by law. According to the Law on the insolvency proceedings, the removal of the insolvency practitioner appointed permanently can be performed for culpable reasons only under art. 22 para. (2) of the Law, and for non-culpable reasons, if only, for example, it is not confirmed by the creditors in terms of art. 19 para. (2) the last sentence of the Law. 85/2006, if it refuses to assume the position for well-grounded reasons, after communicating the decision of appointment by submitting his refusal and reasons within 5 days from the receipt of the decision, according to art. 22 para. (1), or if the practitioner does not qualify to exercise the profession.

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