Capitalization in the insolvency of the assets subject to a criminal seizure subsequent to the mortgage of the secured creditor

LITIGII CU PROFESIONIŞTI

Abstract

Art. 53 of Law no. 85/2006, in the form applicable to the present procedure, the assets alienated by the judicial administrator or liquidator, in exercising its attributions provided by this law, are acquired free of any encumbrances, such as mortgages, movable 
guarantees or retention rights, of any kind, or precautionary measures, including precautionary measures instituted during criminal proceedings. Therefore, the establishment of a subsequent criminal precautionary seizure does not impede the sale of 
assets in insolvency proceedings and does not affect the order of distribution of claims in the proceedings; the seizure seeks to prevent the debtor from alienating the assets to harm creditors, and not to prevent a court or off-court procedure, expressly regulated by law, in which the capitalization of the asset is allowed, such as the one provided by Law no. 85/2006.