Opening the insolvency proceedings at the creditor’s request

LITIGII CU PROFESIONIŞTI

Abstract

The creditor requested the opening of the insolvency proceedings against the debtor relying on the existence of a certain, liquid and payable claim not paid for more than 60 days and in a higher amount than the threshold value and submitted letters in support of its request. The debtor did not challenge the state of insolvency according to art. 72 para. 3 and did not submit the proof of payment of the claim in order to rebut the presumption provided 
for by art. 5 item 29 letter a of Law no. 85/2014, and therefore, the creditor’s application for opening the insolvency proceedings was correctly admitted.