UNELE CONSIDERAŢII CU PRIVIRE LA MODIFICĂRILE ADUSE LEGII NR. 85/2014 PRIVIND PROCEDURILE DE PREVENIRE A INSOLVENŢEI ŞI DE INSOLVENŢĂ PRIN O.U.G. NR. 88/2018
SOME CONSIDERATIONS REGARDING THE AMENDMENTS TO LAW NO. 85/2014 ON INSOLVENCY AND INSOLVENCY PREVENTION PROCEDURES BROUGHT BY GEO NO. 88/2018

Summary/Abstract: The article raises several issues of law in connection with the recent amendments to Law no. 85/2014 on insolvency and insolvency prevention procedures, GEO no. 88/2018 amending several normative acts in the field of insolvency and other normative acts. Thus, the author analyzes the main changes to the insolvency procedure, especially those that he considers as having a negative impact on the insolvency proceedings, but also on the business environment, such as: the new condition for opening the insolvency procedure at the debtor's request, that, fiscal debt does not exceed 50% of the overall debt owed by the would-be insolvent party; the changes made to the procedure for designating the provisional Judiciary Administrator; the new component of the duty of the judicial administrator to supervise the debtor's activity; the possibility to initiate individual foreclosure for debts aged above 60 days, accumulated during the insolvency proceedings.

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