Statement of claim in Romania
Commercial lawyer in Romania. What is a statement of claim in Romania?
Opening insolvency proceedings in Roamania is always followed by several important stages regulated by the provisions of the Romanian Law no. 85/2014 on insolvency prevention and insolvency procedures. Among these are notifying the creditor in Romania from the list submitted by the debtor in Romania, filing the claim admission within the deadline set by the opening decision, verifying the claims by the judicial administrator or liquidator, entering in the preliminary creditors table in Romania, resolving any objections to the preliminary creditors table in Romania, and finalizing the table.
A statement of claim in Romania is the document through which a creditor in Romania asserts their claim rights against the liabilities of a debtor in Romania under insolvency in Romania. To gain creditor status after the commencement of insolvency proceedings in Romania, the holder of the claim must register in the creditors’ list, meaning they must file with the court all their identifying details and information regarding their claims in Romania, which is subsequently entered into the preliminary creditors table in Romania. The deadline for registration in the creditors’ list is determined by the decision of opening insolvency proceedings in Romania and is usually between 30 and 45 days.
The Romanian law firm Pavel Mărgărit and Associates recommends seeking legal consultation from an insolvency lawyer in Romania or a commercial lawyer in Romania to ensure that all procedures are fulfilled in order to successfully complete the insolvency proceedings in Romania.
Insolvency disputes lawyer in Romania. Preliminary creditors table in Romania
One of the most important stages following the opening insolvency proceedings in Romania is the notification of creditors listed by the debtor in Romania, whether it is insolvency in Romania initiated by a creditor in Romania or insolvency initiated by the debtor in Romania.
According to the regulations imposed by the Romanian Law no. 85/2014 on insolvency prevention and insolvency procedures, regarding insolvency initiated by the debtor in Romania, the debtor is obliged to submit a list containing the names and addresses of known creditors along with the insolvency application. Additionally, the debtor in Romania must specify the value of the claims in Romania, their origin, and whether these claims in Romania are accompanied by any preferential rights.
The list of creditors must be submitted along with the insolvency application filed by the debtor in Romania or at the latest by the court hearing date set by the syndic judge, under penalty of the application being dismissed.
In the case of opening insolvency proceedings in Romania by a creditor in Romania, the obligation to submit the list of creditors to the court file also falls on the debtor in Romania, who has a deadline of 10 days from the opening of the insolvency proceedings in Romania.
Following verifications carried out by the judicial administrator or liquidator, accepted claims are recorded in the preliminary creditors table in Romania, which is compiled within 15 days from the expiry of the deadline for submitting statements. This table includes all due and undue claims, secured or in dispute.
The Romanian law firm Pavel Mărgărit and Associates recommends consulting a corporate lawyer in Romania or an insolvency lawyer in Romania to ensure compliance with statutory deadlines and validity of all documents. This ensures that a creditor in Romania can register in the creditors’ list, regardless of whether the insolvency is initiated by a creditor or by the debtor in Romania.
Insolvency Lawyer. Content of the statement of claim in Romania
The rule in insolvency in Romania is that a creditor whose claims in Romania arise before the opening date of the proceedings may file a statement of claim in Romania.The existence of a court decision in this regard is not mandatory, as the statement of claim in Romania can be based on a certain, liquid, and due debt. Employees of a company undergoing insolvency proceedings in Romania do not need to file a claim admission request, as their claims will be registered by the insolvency administrator based on accounting records.
However, for claims arising after the commencement of insolvency proceedings in Romania, during the observation period or in reorganization, there is no need to register these claims in the creditors’ list, as creditors will be paid upon presenting documents proving their right to the claim.
The content of the statement of claim in Romania is also regulated by the provisions of the Romanian Law no. 85/2014 on insolvency prevention and insolvency procedures, which stipulates that the statement of claim in Romania must include the name/business name of the creditor, domicile/headquarters, amount owed by the debtor, basis of the claim, and, if applicable, mention of any preferential rights the creditor may have over the debtor’s assets.
To ensure the validity of the submitted statement of claim in Romania, supporting documents such as invoices, delivery notes, any documents proving the debt, or documents establishing preferential rights must be attached. A creditor holding negotiable instruments can request the insolvency administrator to return the original instruments and file certified copies in the case file.
A commercial lawyer in Romania or a corporate lawyer in Romania can assist with drafting, filing the statement of claim in Romania and representing interests before those responsible for overseeing the insolvency in Romania.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in the insolvency procedure, especially regarding assistance in submitting a statement of claim . An insolvency lawyer in Romania can support you in filing a statement of claim in Romania, having great experience in the insolvency proceedings in Romania. In order to benefit from our professional support and for insolvency lawyer advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
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Corporate Lawyer in Romania. Importance and Effects of the statement of claim in Romania
The statement of claim in Romania is crucial primarily because it substantiates the creditor’s claims in Romania against their debtor in Romania undergoing insolvency in Romania. It ensures official recognition of the debt, protects the creditor’s rights, and secures their entitlement to payment.
Consulting an insolvency disputes lawyer in Romania or insolvency lawyer in Romania is essential for exercising rights in the insolvency proceedings in Romania, actively participating in the process, and maximizing the chances of recovering debts.
In addition to the primary effect of establishing the right to the claim, the statement of claim in Romania grants creditors the right to participate in creditors’ meetings and influence the debtor’s restructuring strategy. Creditors also have the right to be informed about all aspects of the insolvency proceedings in Romania conducted by the debtor. The statement of claim in Romania can be contested by the debtor or another creditor, leading to a further examination and potentially partial or complete rejection by the court. Legal assistance from an insolvency disputes lawyer in Romania is crucial during such stages.
The Romanian law firm Pavel Mărgărit and Associates provides legal services at a high professional standard and is internationally recognized for successfully concluding legal procedures in the field of insolvency in Romania. Given the complexity of opening insolvency proceedings in Romania and their specific rules and deadlines, an insolvency lawyer in Romania can assist in correctly preparing documentation, thereby reducing the risk of claim rejection or contestation.
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