ÎNCHIDEREA PROCEDURII INSOLVENŢEI ÎN TEMEIUL ART. 174 DIN LEGEA NR. 85/2014 (CORESPONDENTUL ART. 131 DIN LEGEA NR. 85/2006). PROBLEME APĂRUTE ÎN PRACTICA JUDICIARĂ
THE TERMINATION OF THE INSOLVENCY PROCEDURE ON THE BASIS OF ART. 174 OF LAW NO. 85/2014 (THE CORRESPONDENT OF ART. 131 OF LAW NO. 85/2006). PROBLEMS ENCOUNTERED IN JUDICIAL PRACTICE

Summary/Abstract: The closure of insolvency proceedings, as regulated by the provisions of art. 174 of Law no. 85/2014, has given rise to various situations in the judicial practice, the creditors, especially the budgetary ones, not expressing their agreement in many cases regarding the closure of the procedure prior to the settlement of claims for property liability, based on the provisions of art. 169. The opinions expressed in doctrine are not unitary, therefore, according to some authors, the failure to resolve requests for prior responsibility for applications for closure of insolvency proceedings should not be an obstacle and lead to prolonging procedures and increasing administrative costs. Clearly, there are other authors who consider that the proceedings can not be closed until after the final settlement of claims for liability, based on the provisions of art. 169. Having regard to the provisions of paragraph (3) of art. 169 of Law no. 85/2014, which state that applications of liability for insolvency will be judged separately, forming the associated files, the majority opinion is in the sense that the closure of the procedure under art. 174 should not be conditioned by the settlement of such requests.

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