Considerații asupra inovației aduse prin art. 106 din Legea nr. 85/2014 în materia verificării creanțelor
Considerations on the innovation brought by Article 106 of the Law No 85/2014 in the matter of verification of claims

Summary/Abstract: As it is well known, the insolvency procedure involves the collaboration of the insolvent company, of the syndic judge, of the creditors and, of course, of the judicial administrator. Once the state of insolvency is established by the court, one of the first steps is to assess the debts of the insolvent company, and this action can be done only by communicating the state of insolvency to the creditors, in order to allow them to record their claims to the company. At this stage, an important role is that of the judicial administrator, who must work with all those involved in the procedure in order to determine the amounts owed to the creditors. The judicial administrator is not limited to receiving the creditors’ requests. He must analyze each claim, must establish the amount claimed and ascertain whether that claim is based on a valid title.The prescription period affects the claim of any creditor, however, in the field of insolvency, the judicial administrator and not the debtor is the one who, researching the claim, will be able to reject it on the grounds of completion of the prescription period.According to the Law No 85/2006, currently repealed, sometimes, in practice, the judicial administrator did not investigate the basis of the creditor’s right, considering that he was affected by the prescription period. This practice has been and is questionable, because, after a possible contrary decision of the court, it is not clear whether the foundation of the claim has been investigated, because, in the absence of observations, it can be considered that the judicial administrator did not formulate objections.The last insolvency regulation in Romania, namely the Law No 85/2014, has offered to the judicial administrator the right to stop the investigation if he considers that the respective claim is prescribed.In this study we will analyze whether the current regulation has improved the insolvency procedure, clearly giving this right to the judicial administrator. By studying the motivation of a case settled by the Bucharest Court of Appeal, we have concluded that there is no logical basis for recognizing the right to terminate the investigation of the claim if he considers that it is prescribed.On the contrary, this approach will, in our opinion, lead to the extension of the procedure to the detriment of the creditors.

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