The possibility of triggering enforcement in the insolvency proceeding in view of the amendments brought to Law no. 85/2014 by GEO no. 88/2018. Relevant aspects of the case law
The possibility of triggering enforcement in the insolvency proceeding in view of the amendments brought to Law no. 85/2014 by GEO no. 88/2018. Relevant aspects of the case law

Summary/Abstract: After being in public debate for only two weeks, in the Official Gazette of Romania, Part I, no. 840 of October 2, 2018 GEO no. 88/2018 for amending and supplementing certain normative acts in the field of insolvency and other normative acts was published [1]. Even if it has not been long since the entry into force, the changes made by the new legislative provision do not seem to have the expected impact on insolvency proceedings and on the business environment, even if the stated main purpose was considered to be the need to take measures, meant to avoid affecting the competitive environment, by the use of the procedures provided by Law no. 85/2014 in an abusive way by some debtors [2].In the doctrine opinions were expressed in the sense that certain changes in the ordinance will only prevent the achievement of the purpose of Law no. 85/2014 – establishing a collective procedure for covering the debtor's liabilities, granting, when possible, the chance of restoring his activity.One of the most controversial changes brought by the ordinance is the introduction of the possibility that, for debts accumulated during the insolvency proceedings that are more than 60 days old, the enforcement proceedings can be opened.This modification creates the premises for starting an individual enforcement proceeding within a collective judicial procedure, with the risk of failure of a reorga¬nization plan or the impossibility of successfully completing it, at the expense of the business environment.

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