15. Închiderea procedurii insolvenței. Onorariu lichidator și cheltuieli de procedură stabilite prin sentința de închidere a procedurii
15. The closure of the insolvency proceedings. The liquidator fees and expenses incurred for the purpose of the proceedings established by the judgment for closure of proceedings

Summary/Abstract: According to art. 38 para. (2) letter d) of GEO no. 86/2006, a legally binding regulation superior to the UNPIR Decision no. 3/2007, for the determination of the amount of fee, the criteria laid down by law shall be taken into account, reflecting the complexity of work performed, including the total amount of debts and the number of creditors. Upon determination of the fee, the efforts involved in achieving the goal of the proceedings must be taken into consideration, in order to avoid the assumption that the liquidator would be disadvantaged and the situation that he could capitalize on the liquidation fund in an unjustified manner. The minimum amount provided in the Decision no. 3/2007 envisages a procedure in which the existence of the liabilities is found, and therefore of the creditors, the complexity of the procedure, even though the debtor has no assets, justifying the bearing of a fee in the amount specified in the liquidation fund, to avoid the situation in which the work performed by the liquidator to follow up with the purpose of the procedure and the fee would reveal an unreasonable rate. The criteria set forth in art. 38 of the G.E.O. no. 86/2006 cannot be met in relation to the amount of the claim retained in the final table (2 RON), which is disproportionately small compared to any expense incurred for the purpose of the proceedings or minimum limit of fee. An insolvency procedure was initiated and maintained, whose conditions were not met and whose purpose cannot be achieved as long as, in relation to the final table of claims, it may be concluded that the liability itself lacks.

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