Distribuirea bunurilor către creditori în contul creanţei
în procedura insolvenţei
Distribution of assets to creditors on account of the claim
in insolvency proceedings
Author(s): Daniela MoţiuSubject(s): Commercial Law
Published by: Universul Juridic
Keywords: insolvency; claim; give in payment; reorganization; bankruptcy;
Summary/Abstract: In insolvency proceedings, the debtor's obligations, as set out in the table of claims, may be extinguished either by payment or by other means, such as by compensation or distributing the debtor's assets on account of claims held by creditors.The legislator provided the possibility to cover the creditors' claims in the insolvency procedure by giving in payment, as a way of applying the reorganization plan, according to art. 133 para. (5) lit. E from Law no. 85/2014, or by distributing the debtor's assets on account of the claims they hold against the debtor, according to art. 175 para. (3) of Law no. 85/2014.The distribution of assets to creditors on account of the claim is a way of enforcing the payment of the claim by the debtor by which he transfers ownership of his assets to the creditor, extinguishing all or part of the claim, along with all its guarantees and accessories.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2021
- Issue No: 1
- Page Range: 54-67
- Page Count: 13
- Language: Romanian