Appeal against the measure of the judicial liquidator rejecting the request for reinstatement of the statement of claim and for denial of the statement of claim as late. Delay in lodging the appeal.

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

Abstract

Once bankruptcy has been ordered and the liquidator has been appointed, the liquidator will substitute the statutory director, whose right of administration has been withdrawn, from which point of view the service of procedural documents is obviously made at the liquidator's office, since the latter is responsible for managing the company and recovering debts.

The notification of the opening of insolvency proceedings on the debtor C.P SRL was made, towards the creditor V SRL, in violation of the provisions of Article 42 paragraph 3) sentence I of Law no 85/2014.

As the insolvency proceedings had been opened against the creditor V SRL, its notification as a creditor should have been made at the office of the judicial liquidator, not at the registered office.

The time limit provided for in Article 111(2) of Law no 85/2014 does not apply, given that the text of the law is based on the premise of legal notification of creditors, otherwise they cannot be presumed to have knowledge of the proceedings initiated in order to be sanctioned with forfeiture, in the event of failure to submit claims within the time limit or failure to challenge the list within 7 days of publication in the BPI.

However, the appellant does not find herself in this hypothesis, of its legal notification, so that its appeal cannot be assessed as belated either, in relation to the date on which it became aware of the measure of the debtor's liquidator.