Opening of the procedure regulated by the Law on insolvency prevention and insolvency procedures no. 85/2014, upon the debtor’s request, through the liquidator appointed in the liquidation procedure provided by the Companies Law no. 31/1990.

DREPTUL AFACERILOR

Abstract

The provisions regarding the threshold value, as defined by Art. 5 para. 72 of the Law on insolvency prevention and insolvency procedures no. 85/2014, apply both to creditors, and to debtors, inclusively for requests filed by the liquidator appointed in the liquidation procedure provided by Law no. 31/1990, republished, as amended and supplemented. There is no reason to consider that the final thesis of Art. 5 para. 72 of the Law on insolvency prevention and insolvency procedures no. 85/2014 does not concern the requests filed by the liquidator appointed in the liquidation procedure provided by Law no. 31/1990, namely the debtors who are not represented by statutory bodies, as long as the lawmaker has established the same conditions for all debtors and the same threshold value for the requests of both debtors and creditors. The fact that an additional requirement has been established for the claims submitted by debtors, in terms of the maximum weight of the budgetary claims in total claims that justify the application for opening the insolvency procedure, is not such as to justify the exclusion of a category of debtors, especially since a rule of uniformity of the debtors’ rights was introduced in the previous thesis.