Problematici în reorganizare
Problems in reorganization

Summary/Abstract: While the stipulations of Law No. 85/2014 concerning pre-insolvency and insolvency proceedings may seem quite clear, our experience has shown that, in practice, there are situations that require further clarification. These situations often demand interpretation and guidance beyond what the law explicitly outlines. Questions arise on how to apply the relative priority rule when some classes of creditors are proposed to be compensated more than superior classes. Additionally, queries surface regarding the possibility of implementing a new 'haircut' in the event of a reorganization plan modification. Further complexity arises when discussing how pro-rata payments are executed in practice, or what happens to the claims in the event of a company division. These challenges can be addressed by applying solutions rooted in practical experience.

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