Onorariul practicianului în insolvență – aspecte controversate și clarificări. Ce înseamnă onorariul practicianului din distribuiri?
On the fee of the insolvency practitioner – controversy and clarifications. Interpretations of distribution in terms of practitioner fees

Summary/Abstract: The insolvency practitioner’s fee as percentage from the distribution of the available amounts to creditors raised lot of controverses, considering various interpretations of distribution. In one interpretation, distribution means amounts paid to creditors included in the creditors table. In a different interpretation, distribution means amounts paid to creditors with current claims or with claims before the proceeding was opened. Considering the judicial practice of syndic judges, we aim to clarify the meaning of distribution in the context of insolvency practitioner fees. In addition, we would address several practical aspects regarding the VAT terms of practitioner fees, who covers the fee when the proceeding is canceled on appeal, who covers the fee within new proceedings.

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