Appeal against the supplementary list of claims. Non-insertion in the supplementary list of a claim denied from insertion in the preliminary list

DREPT SOCIETAR ŞI DREPT MARITIM

Abstract

Only those claims arising after the opening of the general insolvency proceedings are entered in the supplementary schedule of claims, the reasoning being equally obvious, since for those arising prior to that time there is an obligation to comply with the deadline for filing the statement of claim defined by law, in order to be entered in the preliminary list.

With res judicata power, concerning the amount of 235,939 lei, the syndic judge held that the creditor had lost the right to have his claim entered in the preliminary list. However, as long as the creditor has agreed to request that his claim be entered in the preliminary list, claiming that it is a 'claim prior to the opening of the proceedings', he clearly cannot rely on the same claim in order to be entered in the supplementary list after the opening of the bankruptcy proceedings.

For obvious logical reasons - the same claim cannot arise prior to the opening of the insolvency proceedings and arise in the course of the proceedings at the same time, just as the interpretation put forward by the appellant, to the effect that those creditors whose claims have been rejected from inclusion in the preliminary list may be included, with the same claims, in the supplementary list, cannot be accepted