CHALLENGING THE REPORT ON THE CAUSES AND CIRCUMSTANCES THAT LED TO THE APPEARANCE OF THE STATE OF INSOLVENCY. SOLUTIONS FROM JUDICIAL PRACTICE
CHALLENGING THE REPORT ON THE CAUSES AND CIRCUMSTANCES THAT LED TO THE APPEARANCE OF THE STATE OF INSOLVENCY. SOLUTIONS FROM JUDICIAL PRACTICE

Summary/Abstract: The appeal against the report on the causes and circumstances that led to the appearance of the state of insolvency has generated a non-unitary practice, not only under the old regulation, Law no. 85/2006 [1], as well as under the new regulation, Law no. 85/2014 [2].One of the main tasks of the judicial administrator appointed in the insolvency proceedings is, according to Article 58 (1) b) of Law no. 85/2014, examining the activity of the debtor and drawing up a detailed report on the causes and circumstances that led to the state of insolvency, mentioning any indications or preliminary elements regarding the persons who would be liable for the insolvency status.The report on the causes and the circumstances that led to the appearance of the insolvency status of the debtor is regulated by the provisions of Article 97 of Law no. 85/2014, which do not establish the possibility of challenging it.In the absence of any rules governing the challenge to the report, the judicial practice gave rise to non-unitary solutions, some courts rejecting these appeals as inadmissible, and others resolving the appeals on the substance of the matter, pursuant to the provisions of Article 59 of the same law.

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