Insolvency proceedings. Appeal against the decision of the creditors' meeting rejected as inadmissible. Change in the composition of the creditors' committee as a result of the amendment of the final consolidated list

DREPT SOCIETAR ŞI DREPT MARITIM

Abstract

The syndic judge may appoint a provisional creditors' committee prior to the first meeting of the creditors' meeting, and after that first meeting the creditors may either confirm or reject the provisional committee or appoint a committee if no such collective body has been appointed on a provisional basis. Throughout the proceedings, at any stage, at the proposal of the judicial liquidator or of the other members of the creditors' committee, the composition of the members of the committee may be modified in order to comply with the criteria concerning the representation of creditors from all categories of claims in order of value. At this stage, the syndic judge does not have the power to appoint the members of the committee, his only statutory power being to take note of the change in the composition of the committee.

A change in the composition of the creditors' committee occurs only if the creditors express their will to do so, not by operation of law, as the appellant claims.

The need to give reasons for the liquidator's proposal to take note of the change in the composition of the committee, in order to justify the fulfilment of the conditions laid down by law, by the appointed creditors is not provided for by law, the liquidator merely informing the official receiver of the change in composition. To the extent that any creditor alleges non-compliance with the provisions of paragraph (3) of Art. 16, they have the possibility to lodge an appeal before the court.