Revista Phoenix

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EXECUTAREA SILITĂ A INSOLVENŢEI: DE LA LIBERAREA DE SECHESTRE PENALE LA ELIBERAREA DE CERTITUDINI

ABSTRACT GEO 88/2018 implemented foreclosure during insolvency procedures and everything changed. Collective redress of claims may be suspended by individual foreclosure. But nobody knows what that means in insolvency. What are the rules of such foreclosure? Is there a parallel procedure for insolvency or insolvency proceedings? In the absence of clarification from the legislator, we […]

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CREANŢA FISCALĂ ÎN PROCEDURA INSOLVENŢEI

ABSTRACT Law no. 85/2014 has provided a number of advantages to public creditors and, in particular, to fiscal authorities, since its enactment. Such advantages include informing on filing the application for insolvency proceedings, the 60-day term for completion the tax inspection report and for filing the claim supplement, the private creditor test, a distinct debt […]

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UNELE CONSIDERAŢII CU PRIVIRE LA MODIFICĂRILE ADUSE LEGII NR. 85/2014 PRIVIND PROCEDURILE DE PREVENIRE A INSOLVENŢEI ŞI DE INSOLVENŢĂ PRIN O.U.G. NR. 88/2018

ABSTRACT The article raises several issues of law in connection with the recent amendments to Law no. 85/2014 on insolvency and insolvency prevention procedures, GEO no. 88/2018 amending several normative acts in the field of insolvency and other normative acts. Thus, the author analyzes the main changes to the insolvency procedure, especially those that he […]

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ÎNCHIDEREA PROCEDURII INSOLVENŢEI ÎN TEMEIUL ART. 174 DIN LEGEA NR. 85/2014 (CORESPONDENTUL ART. 131 DIN LEGEA NR. 85/2006). PROBLEME APĂRUTE ÎN PRACTICA JUDICIARĂ

ABSTRACT The closure of insolvency proceedings, as regulated by the provisions of art. 174 of Law no. 85/2014, has given rise to various situations in the judicial practice, the creditors, especially the budgetary ones, not expressing their agreement in many cases regarding the closure of the procedure prior to the settlement of claims for property […]

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LOCUL ŞI ROLUL EVALUĂRII ÎN PROCEDURA INSOLVENŢEI

ABSTRACT During the insolvency procedure, the authorized evaluator is one of the actors with a very important role, being fulfilled provided that he/she should know and understand very well the impact of the evaluation result upon the decisions the involved parties must take for the respective companies. KEYWORDS: assessor • observation phase • bankruptcy phase […]

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ONORARIUL PRACTICIANULUI ÎN INSOLVENŢĂ – ÎNTRE LEGALITATE ŞI OPORTUNITATE DECIZIONALĂ

ABSTRACT The article addresses some controversial issues regarding the payment of the insolvency practitioner’s fees, such as the submission of the technical and financial offer to the creditors, the treatment of the insolvency fees as current expenses and their respective distinction from the costs with other experts such as lawyers, valuators etc. KEYWORDS: insolvency practitioner’s […]

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LEGEA NR. 85/2014 PRIVIND PROCEDURILE DE PREVENIRE A INSOLVENŢEI ŞI DE INSOLVENŢĂ, LA 4 ANI DE LA INTRAREA ÎN VIGOARE

ABSTRACT The article reveals not only some of the novelty elements brought by the Insolvency Code, but also several legislative errors, which impose the improvement of the existing regulatory framework. Last but not least, the author proposes some changes to better enforce insolvency and insolvency law, some of which are being claimed by law professionals […]

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OBLIGAŢIILE DE MEDIU ÎN FALIMENT

ABSTRACT The treatment of environmental claims in insolvency proceedings raises many problems in practice, but it is a subject uncovered by doctrine. Besides, environmental obligations are not even regulated in Law no. 85/2014. The costs of environmental recovery in the natural state often exceed the sums of money earned from the use of the debtor’s […]

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