Contestația împotriva măsurilor administratorului judiciar. Studiu de doctrină și jurisprudență
Contestation against the measures of the judicial administrator. Study of doctrine and case law

Summary/Abstract: The judicial administrator will submit a monthly report containing the description of how he has performed his duties, an account of the expenses incurred with the administration of the procedure or of other expenses made from the funds existing in the debtor’s estate, as well as, if necessary, the stage of performing the inventory. The report will also mention the fee received by the judicial administrator, by specifying modality of calculation thereof. The report will be submitted to the case file and an extract shall be published in the BIP. Every 120 days, the syndic-judge will analyze and rule on the stage of continuation of the procedure, through a resolution by which he will be able to establish certain measures as duty of the judicial administrator and he will grant an administrative term of control or of trial, as the case may be. In the event that there are contentious or non-contentious applications, as well as in the hypothesis in which the syndic-judge deems it necessary, he will order the urgent summoning of the interested persons and of the judicial administrator, for the purpose of solving the applications or for ordering the necessary measures.The debtor natural person, the special administrator of the debtor legal person, any of the creditors, as well as any other person concerned can file a contestation against the measures taken by the judicial administrator. The contestation must be filed within 7 days from the publication in the BIP of the statement provided in paragraph (2). The syndic-judge will solve the contestation within 15 days from its registration, in the council chamber, by summoning the contesting party, the judicial administrator and the committee of creditors, being able, at the request of the contesting party, to suspend the execution of the contested measure. The suspension shall be judged in the council chamber, immediately, without summoning the parties. The judicial administrator’s fee will be paid based on the official report of the meeting of creditors by which it has been established the amount thereof, on the basis of the decision published in the BIP or on the basis of the judgment for the cases in which the provisional fee has been established by the syndic-judge.According to Article 59 (1) of the Law No 85/2014, the judicial administrator will have to prepare monthly activity reports, which must include the following mentions: how he fulfilled his legal duties or the duties established by the syndic-judge, the expenses incurred from the debtor’s estate for the administration of the procedure and those representing the remuneration received, as well as mentions regarding the stage of performing the inventory of the debtor’s estate.The monthly report is different and distinct from the reports provided in Articles 92 and 97 of the Law No 85/2014, from the quarterly reports that are drawn up during the reorganization period according to Article 144 and from the reports on the funds obtained from liquidation and from the collection of claims, which are drawn up in bankruptcy according to Article 160 of the Law. From the corroborated interpretation of Article 59, Article 144 and Article 160, it appears that the monthly reports are drawn up only during the observation period. In reorganization and bankruptcy the reports are prepared quarterly, according to Article 144, respectively Article 160. The monthly report is submitted to the case file, and an excerpt, having the content provided by Article 5 (1) point 28, is published in the Bulletin of insolvency proceedings. The publication in the BIP is necessary in order for the term of challenge of the measures taken, which are presented in the report, to run.

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