Pavel, Margarit & Associates Romanian Law Firm | View firm profile
Plaintiff or creditor in Romania?
This article analyzes the impact of criminal proceedings on the insolvency procedure in Romania, in light of case law addressing the relationship between precautionary measures imposed in criminal proceedings and insolvency proceedings in Romania, specifically Decision no. 1/2020, which establishes that the existence of precautionary measures applied in a criminal case over the assets of a legal entity (company insolvency in Romania), prior to the commencement of insolvency proceedings in Romania, does not suspend the liquidation procedure under Law no. 85/2014. Although the precautionary measures may complicate asset liquidation, the insolvency procedure in Romania for the legal entity may continue, enabling creditors to recover their claims. A specialized insolvency lawyer in Romania can provide legal assistance for registering a creditor in Romania on the creditors’ list, contesting the preliminary creditors’ table, and taking any necessary steps for debt recovery in Romania. The Romanian Law Firm Pavel Mărgărit and Associates offers consultancy in managing company insolvency in Romania and debt recovery in Romania, also advising creditors to register both in the creditors’ table and as plaintiffs in criminal proceedings to maximize their chances of debt collection in Romania.
Insolvency lawyer in Romania. The impact of criminal proceedings on insolvency procedure in Romania
Criminal proceedings can significantly influence insolvency proceedings in Romania, particularly when precautionary measures such as sequestration have been imposed on a distressed company’s assets. According to applicable legal provisions, precautionary measures taken within criminal proceedings do not prevent the continuation of the insolvency procedure in Romania and do not affect creditors’ rights to be satisfied from the debtor’s assets. Assets belonging to a legal entity undergoing insolvency proceedings in Romania, over which precautionary measures have been imposed, may be acquired free of any encumbrances. It is important to note that there are exceptions to this rule for precautionary measures imposed in criminal cases aimed at special and extended confiscation. In other words, assets can be liquidated within the insolvency procedure in Romania but will be acquired with the attached sequestration. The Romanian Law Firm Pavel Mărgărit and Associates recommends seeking the services of a litigation lawyer in Romania and an insolvency lawyer in Romania to analyze the impact of precautionary measures on insolvency proceedings in Romania and to identify the most effective legal solutions for debt recovery in Romania. A litigation lawyer in Romania specializing in insolvency procedure in Romania and debt recovery in Romania can provide assistance in both the liquidation of assets affected by precautionary measures and in contesting these measures, where applicable.
Litigation lawyer in Romania. Precautionary measures in criminal proceedings do not hinder insolvency procedures or debt recovery in Romania
The precautionary measures imposed by criminal investigation authorities do not hinder the insolvency procedure in Romania or debt recovery in Romania for legal entities. On the contrary, filing criminal complaints may lead to an extension of the sequestration over the assets of individuals involved, thus increasing creditors’ chances of recovering their claims. According to provisions in Law no. 85/2014, claims of plaintiffs in criminal cases are listed in the creditors’ table under a suspensive condition, pending the final resolution of the civil action in the criminal case in favor of the harmed party, by submitting a statement of claim in Romania.
Regarding creditors registered as plaintiffs in criminal proceedings, they are not required to renounce this status to be included in the creditors’ table within insolvency proceedings in Romania. The two procedures – criminal and insolvency – are complementary and can contribute to increasing the chances of debt recovery in Romania.
Debt recovery in Romania. Asset evaluation by the judicial administrator and modifications to the creditors’ table in insolvency procedures
Asset evaluation is a critical process in the insolvency procedure in Romania for companies, directly affecting how the entire procedure will unfold and the chances of creditors recovering their claims. The judicial administrator is required to prepare a detailed inventory of all assets held by the debtor in Romania, and the evaluation must be conducted in accordance with applicable legal and professional standards, a process that is essential for preparing the definitive creditors’ table. Differentiating between secured and unsecured claims is another important element, as the actual value of assets impacts the degree to which debts can be recovered. Asset value fluctuations during auctions can also affect the process, with prices potentially decreasing significantly by the time of actual liquidation.
Additionally, it is important to note that the creditors’ list is not final at the beginning of the insolvency procedure in Romania. Claims can be contested, and if the court accepts the challenges, the creditors’ table may be modified. Some claims may be initially rejected but can be readmitted later after the resolution of the disputes. Furthermore, creditors who were not initially notified can still submit their claims even after the creditors’ table is finalized. This flexibility is crucial for ensuring a fair process and protecting the rights of all parties involved. A specialized insolvency lawyer in Romania and litigation lawyer in Romania can provide complex legal assistance for creditor in Romania to register in the creditors’ list, including contesting the preliminary creditors’ table, filing liability actions, and representing clients in debt collection in Romania.
The Romanian Law Firm Pavel Mărgărit and Associates has vast experience in the field of insolvency proceedings in Romania, and its lawyers can assist with the drafting of the request to open the insolvency procedure in Romania, the statement of claim in Romania, or any other matter related to company insolvency in Romania. For personalized legal consultation, contact an insolvency attorney in Romania at our firm by accessing the contact form on our website at https://avocatpavel.com/contact/ to receive the best solutions regarding company insolvency in Romania and company bankruptcy in Romania.
Don’t navigate these challenges alone. Contact Us today for expert assistance tailored to your needs.
Contact Us
“It is essential to consult an insolvency attorney in Romania to ensure you follow all the steps imposed by law in company insolvency in Romania, for both creditors and debtors,” stated the Managing Partner of The Romanian Law Firm Pavel Mărgărit and Associates, Dr. Radu Pavel.
In conclusion, although criminal proceedings and insolvency proceedings in Romania are distinct, they are interconnected in a way that can significantly contribute to protecting creditors’ rights and maximizing debt recovery in Romania chances. Each creditor in Romania must adopt a well-defined strategy, taking into account the specifics of each procedure. While the insolvency procedure in Romania allows for asset liquidation and debt collection in Romania, the criminal process can assist by identifying fraudulent acts and extending precautionary measures, thus protecting creditors’ rights in the company insolvency in Romania. However, asset liquidation may face obstacles, such as lack of necessary documentation, encumbrances in the land registry, or sequestration imposed by criminal authorities. Therefore, careful management and specialized legal consultation from an insolvency attorney in Romania are essential throughout these legal proceedings.
Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2024, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2024 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.