5. Deschiderea procedurii generale. Documentele obligatorii pentru admisibilitatea cererii debitorului. Decăderea din dreptul de a depune un plan. Condiții. Momentul la care poate interveni
5. Opening general proceedings. Mandatory documents for the admissibility of the debtor’s claim. Termination of the right to submit a plan. Conditions. The intervening time

Summary/Abstract: The legislator set up two sanctions for failure to submit the documents provided by art. 28 of Law no. 85/2006: the termination of the right to submit a reorganization plan, respectively opening of the simplified procedure, both sanctions being likely to be applied by the syndic judge upon examination of the application to open the procedure and its settlement. Opening the general insolvency procedure as a result of an application lodged by the debtor, under a final (irrevocable) court order establishes based upon the force of res judicata, that upon lodging the application or at the latest upon the first hearing date determined by the syndic judge, the application of the debtor complied with the legal requirements and the mandatory documents in such applications were submitted and examined accordingly.

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