9. Înscrierea în tabelul definitiv de creanţe al debitoarei a unei creanţe stabilite prin hotărâre judecătorească irevocabilă. Contestarea acestei înscrieri. Art. 73 sau art. 75 din Legea nr. 85/2006. Consecinţe
9. Recording a claim established by means of an irrevocable court judgment in the debtor’s consolidated list of creditors. Challenging the said record. Art. 73 or art. 75 of Law no. 85/2006. Consequences

Summary/Abstract: Law no. 85/2006 on insolvency proceedings provides no legal basis to justify the ascertainment whereby recording in the consolidated list of creditors certain claims resulted from the admission of the revocative bankruptcy proceedings can be appealed by proceedings governed by the provisions of art. 73 of the same law, arguing that, for such claims, the debtor’s consolidated list of creditors is a preliminary one, because no challenge was exert. And it is so whereas the entire contents of the Law on insolvency proceedings clearly leads to the fact that, as a rule, the debtor’s consolidated list of creditors is being finalized at the same time; all claims challenged or against whom an appeal was not exerted are final at the same date, and it shall not be acceptable the fact that, throughout the proceedings, the list of creditors, the creditors of the debtor or the order of preference to be amended in a way other than under the law (for example, payment of a debt, assignment of receivables etc.). Of this regulation, the legislator established only the exceptional cases mentioned in art. 75 of the Law on insolvency proceedings for forgery, error, fraud or decisive titles unknown hitherto.

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