Company undergoing the simplified insolvency procedure. Removal of the criminal precautionary attachment by the syndic judge. Budgetary receivable concurrent with the other receivables of the debtor

LITIGII CU PROFESIONIŞTI

Abstract

A precautionary measure of seizure instituted in a criminal case by the criminal investigation bodies in order to recover a budget claim, a claim subsequently confirmed by a final criminal decision, cannot prevent the development and completion of the simplified bankruptcy procedure of a company – civilly liable person. the criminal case; 
The insurance attachment can be raised by the syndic judge and, to cover the liabilities, when distributing the amounts affected by the criminal insurance measure, the budget receivable generated by the criminal file competes with the other receivables listed in the final consolidated table of company claims in simplified bankruptcy proceedings.