CONSIDERATIONS REGARDING THE OPENING OF THE INSOLVENCY PROCEDURE IN THE REGULATION OF LAW NO. 85/2014 Cover Image

CONSIDERATIONS REGARDING THE OPENING OF THE INSOLVENCY PROCEDURE IN THE REGULATION OF LAW NO. 85/2014
CONSIDERATIONS REGARDING THE OPENING OF THE INSOLVENCY PROCEDURE IN THE REGULATION OF LAW NO. 85/2014

Author(s): Dragoș-Mihail Daghie
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: insolvency; debtor; creditor; opening of the procedure; application initiating the proceedings.

Summary/Abstract: The new regulation of the insolvency procedure brought novelties in the field of professionals that failed in trading and has transposed the new challenges regarding the way in which the insolvency procedure is opened, conducted and closed. As regards the opening of the insolvency procedure, some novelties may be noticed that affect the requisite conditions for the manifest insolvency, but also for the imminent insolvency, regarding the content of the debtor’s application initiating the proceedings, the threshold value and so on. Moreover, Law no. 85/2014 introduces the obligation of running the procedure prior to opening the insolvency procedure, and this stage is intended to mitigate the risk for the claims that the debtor owes to the state budget.

  • Issue Year: 10/2017
  • Issue No: 1
  • Page Range: 552-560
  • Page Count: 9
  • Language: English