Insolvency procedure. Decision of the majority creditor to appoint a judicial receiver. Deadline for appealing

LITIGII CU PROFESIONIŞTI

Abstract

According to art. 57 para. (6) of Law no. 85/2014 creditors may challenge to the syndic judge, for grounds of unlawfulness, the decision adopted by the meeting of creditors or by the majority creditor within 5 days from its publication in the National Bankruptcy Register (BPI). The analysis of the above legal provision shows that the deadline for filing the appeal is 5 days from the publication of the decision of the meeting of creditors or of the 
majority creditor in the National Bankruptcy Register (BPI), and the appeal should be addressed to the syndic judge. Moreover, it is required to take into account the provisions of art. 342 para. (1) of Law no. 85/2014 according to which the provisions of the 
insolvency law shall be supplemented by those of the Code of Civil Procedure. To this end, it should be noticed that the corroborated analysis of art. 148, art. 182 and art. 183 of the Code of Civil Procedure shows that any claim referred to a court, therefore, including the syndic judge, should be filed with the respective court, either personally during the working time, or by electronic means of communication.