Opposition to the opening of bankruptcy proceedings at the debtor’s request in Romania
Litigation lawyer in Romania. Opening of insolvency proceedings in Romania
The opposition against the opening of insolvency proceedings in Romania at the request of the debtor is a legal instrument through which creditors can contest the court’s decision regarding the opening of insolvency proceedings in Romania. Such a procedure can only be used if the party filing the insolvency petition in Romania is a debtor in Romania. If a creditor in Romania believes that there are certain irregularities regarding the insolvency petition in Romania or the insolvency proceedings in Romania, or that there are unjustified reasons for which a debtor in Romania is requesting insolvency proceedings, they have a legal deadline for filing in Romania provided by law 85/2014 on insolvency in Romania to submit their opposition to the court regarding the opening of insolvency proceedings in Romania. This opposition will be resolved by the syndic judge in Romania who also issued the decision to open the proceedings.
The Romanian Law Firm Pavel, Mărgărit and Associates recommends consulting an insolvency lawyer in Romania or a litigation lawyer in Romania to assist you in drafting and filing the opposition against the opening of insolvency proceedings at the request of a debtor in Romania, as well as to represent you before the syndic judge to support your arguments.
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Insolvency lawyer in Romania. Insolvency proceedings in Romania
Among the reasons that can be invoked by a creditor in Romania through opposition against the ruling on the opening of insolvency proceedings in Romania are the fact that the debtor in Romania was not in a state of insolvency, the absence of certain documents from the case file as required by law 85/2014 on insolvency in Romania, or issues concerning the evidential strength of such documents, or the opening of insolvency proceedings in Romania without following the requirements specifically stated by law 85/2014 on insolvency in Romania regarding the debtor in Romania. A litigation lawyer in Romania or an insolvency lawyer in Romania can provide support during the procedure for drafting a debtor’s insolvency petition in Romania or for filing opposition against the decision to open insolvency proceedings in Romania, ensuring that these documents meet all legal requirements and are submitted within the timeframes stipulated by law 85/2014 on insolvency in Romania.
The opposition to insolvency proceedings in Romania must be filed within a deadline for filing in Romania of 10 days from the date creditors were notified by the court of the opening of insolvency proceedings in Romania. Since this is a statutory deadline, an opposition filed after this deadline will result in the act being null and void.
The opposition from creditors is resolved within 5 days, with the procedure requiring the summoning of the parties. The process involves the participation of the debtor in Romania, the creditor in Romania opposing the insolvency proceedings in Romania, and a judicial liquidator in Romania or a judicial administrator in Romania, as applicable.
The Romanian Law Firm Pavel, Mărgărit and Associates emphasizes the importance of consulting a lawyer for the procedure of filing an insolvency petition in Romania or drafting an opposition to the opening of insolvency proceedings in Romania at the request of a debtor in Romania in order to conduct a detailed analysis of the debtor’s financial situation and thus determine the applicable legal framework.
Therefore, the opposition to the opening of insolvency proceedings in Romania is an essential legal instrument through which creditors can contest an insolvency petition in Romania filed by a debtor in Romania when they believe that it does not meet legal requirements. Creditors have a deadline for filing in Romania to submit the opposition, and the success of such a procedure can lead to the annulment or suspension of the proceedings supervised by a judicial administrator in Romania or a judicial liquidator in Romania. By effectively using the opposition procedure, creditors protect their rights and financial interests, avoiding an unjustified or abusive debtor’s insolvency petition in Romania.
The Romanian Law Firm Pavel, Mărgărit and Associates offers high-standard professional legal services in various practice areas, including those related to filing an insolvency petition in Romania or opposition against the opening of insolvency proceedings in Romania, appointing a judicial administrator in Romania or judicial liquidator in Romania, with our team demonstrating a comprehensive understanding of the regulations under law 85/2014 on insolvency in Romania, providing clear and efficient legal solutions to all clients who have sought the services of an insolvency lawyer in Romania.
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