The judicial request for the replacement of the judicial administrator in Romania
Insolvency lawyer in Romania. Opening of insolvency proceedings in Romania
A judicial request for the replacement of a judicial administrator/judicial liquidator is a specific legal action within the insolvency proceedings in Romania. The legal basis for filing such a request is law 85/2014 on insolvency in Romania, just as it is for all actions related to an insolvency petition in Romania, the opening of insolvency proceedings in Romania, or other aspects concerning the insolvency proceedings in Romania of a debtor in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends working with an insolvency lawyer in Romania or a litigation lawyer in Romania to assist you in drafting the request for the judicial replacement of a judicial administrator/judicial liquidator in Romania, ensuring compliance with the requirements imposed by law 85/2014 on insolvency in Romania and submitting it to the syndic judge, along with all supporting documents necessary to prove the validity of the request.
Litigation lawyer in Romania. Insolvency proceedings in Romania
The request for the replacement of a judicial administrator/judicial liquidator can be formulated and submitted to the syndic judge as a result of two situations: either the existence of a decision by the creditors’ assembly, with a vote of more than 50% of the total value of the voting rights claims, or ex officio by the syndic judge. In the first case, it may also involve a single creditor in Romania, but one that holds more than 50% of the value of the claims. It is important to note that both situations in which the replacement of a judicial administrator or judicial liquidator in Romania is requested must be based on justified reasons, such as the failure to fulfill legal duties within the time limits provided by law 85/2014 on insolvency in Romania, non-compliance with the legal provisions regarding the opening of insolvency proceedings in Romania, or other actions related to the insolvency proceedings in Romania that are necessary for the recovery of a creditor’s claims from a debtor in Romania.
The Romanian Law Firm Pavel, Mărgărit and Associates emphasizes the importance of consulting an insolvency lawyer in Romania or a litigation lawyer in Romania to identify the necessary evidence to demonstrate that the request is justified, drafting it in accordance with law 85/2014 on insolvency in Romania, and submitting it to the syndic judge for resolution. The replacement of a judicial administrator/judicial liquidator in Romania is judged in chambers, urgently, with the summoning of the judicial administrator and the creditors’ committee. An appeal can be filed against the ruling within 5 days from the date of communication. Additionally, it is important to mention that the procedure for replacing the judicial administrator or judicial liquidator in Romania can occur at any time after the opening of insolvency proceedings in Romania, specifically during the insolvency proceedings in Romania.
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Lawyer for insolvency petition in Romania. Debtor’s insolvency petition in Romania
According to the regulations included in law 85/2014 on insolvency in Romania, among the interested parties who can file such a request in the insolvency proceedings in Romania is even the judicial administrator/judicial liquidator in Romania, if they have well-founded reasons. Following the review of their request, the syndic judge will appoint another provisional judicial administrator/judicial liquidator in Romania.
The competent court to resolve the replacement request filed by the creditors’ committee or a creditor in Romania holding more than 50% of the total value of the claims is the tribunal in whose jurisdiction the respective debtor in Romania has had its main office for at least six months prior to the date of referral to the court. Collaborating with an insolvency lawyer in Romania is a recommended option when you want to file an insolvency petition in Romania for the correct and efficient management of the proceedings.
The Romanian Law Firm Pavel, Mărgărit and Associates offers high-standard professional legal services in various practice areas, including those related to drafting a debtor’s insolvency petition in Romania, with our team demonstrating a complex understanding of the regulations regarding law 85/2014 on insolvency in Romania, providing clear and efficient legal solutions to all clients who have requested the services of an insolvency lawyer in Romania.
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