THE FEATURES OF THE CLAIMS LODGED WITHIN THE INSOLVENCY PROCEEDINGS. THE RESPONSIBILITY OF PUBLIC INSTITUTIONS IN DEBT RECOVERY

Rodica Diana Apan
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Rodica Diana Apan: Assoc.prof. PhD, Christian University "Dimitrie Cantemir" Bucharest, Faculty of Law Cluj Napoca, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2017, vol. 71, 102-116

Abstract: The present research aims to analyze the features of these special means used by creditors for recovering the debt within the insolvency proceedings. One of the means used by creditors within the insolvency proceedings for the purpose of recovering the debts is the lodgement of debt claims. These should be submitted within the term provided in the court judgement/ resolution ordering the opening of the proceedings, the creditor being thus informed on its right to lodge the claim through the notification issued by the judicial administrator / judicial liquidator. The submission time limit, the formal requirements and the evidence requested for submitting the application for the admission of debt will also be analyzed. In addition, the research will reveal the output of the debt claim, under the procedural conditions expressly provided by the law, namely the registration of the claims in the preliminary table of receivables. The responsability for recovery of debts weighs hard on the shoulders of public institutions, which often make use of the debt claim, to the disadvantage of the alternative application for opening the insolvency proceedings against their debtor. Considering this prevalence, the lodgement of debt claims proves to be a useful instrument for the creditors as public institutions.

Keywords: debt; insolvency; insolvency; claim; preliminary table of receivables (search for similar items in EconPapers)
JEL-codes: K22 (search for similar items in EconPapers)
Date: 2017
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Citations: View citations in EconPapers (1)

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