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The Features Of The Claims Lodged Within The Insolvency Proceedings. The Responsibility Of Public Institutions In Debt Recovery

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  • Rodica Diana APAN

    (Assoc.prof. PhD, Christian University “Dimitrie Cantemir” Bucharest, Faculty of Law Cluj Napoca, ROMANIA.)

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.

Suggested Citation

  • Rodica Diana APAN, 2017. "The Features Of The Claims Lodged Within The Insolvency Proceedings. The Responsibility Of Public Institutions In Debt Recovery," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 71, pages 102-116, December.
  • Handle: RePEc:pmu:cjurid:v:71:y:2017:p:102-116
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj17/recjurid174_10F.pdf
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    References listed on IDEAS

    as
    1. Radu CARP, 2017. "Insolvency Of Administrative Territorial Units - Are The Principles Of Public Law Fully Compatible With The Requirements Of An Effective Management?," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 68, pages 131-135, March.
    Full references (including those not matched with items on IDEAS)

    More about this item

    Keywords

    debt; insolvency; insolvency; claim; preliminary table of receivables;

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

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