9. Invoking the contradiction between the decision to open the insolvency proceedings and the decision to dismiss the challenge to the preliminary list of creditors. Admissibility conditions in terms of the provisions of art. 322, pt. 7 of the civil Cover Image
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9. Invocarea contrarietăţii dintre încheierea de deschidere a procedurii insolvenţei şi decizia de respingere a contestaţiei la tabelul preliminar de creanţe. Condiţii de admisibilitate din perspectiva dispoziţiilor art. 322 pct. 7 C. pr. civ.
9. Invoking the contradiction between the decision to open the insolvency proceedings and the decision to dismiss the challenge to the preliminary list of creditors. Admissibility conditions in terms of the provisions of art. 322, pt. 7 of the civil

Author(s): Tatiana Năstase
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: challenge to preliminary list of creditors; insolvency proceedings deadlines; non‑contradiction of judicial decisions;

Summary/Abstract: The mandatory conditions of art. 73 par. (2) of Law 85/2006, establishing a period of 5 days for filing a challenge to the preliminary list of creditors, do not contradict the periods recommended by the insolvency judge in the decision to open the insolvency proceedings. Therefore, the conditions provided by art. 322, pt. 7 of the civil procedure Code are not met in case one invokes the contradiction between the decision to open the insolvency proceedings and the decision dismissing the challenge to the preliminary list of creditors as late, as one cannot mistake the period provided by art. 73 par. (2) of Law no. 85/2006 for the periods provided by art. 62 of the same law.

  • Issue Year: 2014
  • Issue No: 03
  • Page Range: 54-56
  • Page Count: 2
  • Language: Romanian
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