Acknowledgment of the insolvency practitioner. Majority needed for acknowledgment

DREPTUL AFACERILOR

Abstract

Considering that the rules applicable in the case of acknowledgment of the official receiver in the first meeting of creditors are the rules determined under art. 49 paragraph (1) of Law no. 85/2014 would represent a rigid interpretation of the rule included in the 3rd sentence of art. 57, considered individually, without taking into consideration the whole regulation, from which it results the criterion of the amount of debts above 50% of their total amount, as being the critical criterion for creditors to decide in relation to the insolvency practitioner who shall conduct the procedure subsequently to his or her provisional appointment by the insolvency judge.