Insolvency. Obligation of the judicial receiver to proceed to the examination of a debt statement the basis of which is the tort civil liability

DREPTUL AFACERILOR

Abstract

As resulting from the provisions of art. 105 of Law no. 85/2014, one of the duties of the judicial receiver is to check the debts alleged by creditors, and this check may be subjected to the censure of the insolvency judge subsequently by way of appeal against the table. The fact that the legal basis of the debt statement is the civil tort liability of the debtor in insolvency, does not mean that the judicial receiver may exclude de plano the request for registration in the table due to the argument that the conditions of the civil tort liability should be reviewed by a court of common law until filing the debt statement. Actually, such an assumption would be equivalent to the removal of the creditor’s right to capitalize its debt in the insolvency proceedings, under the circumstances in which, according to art. 75 para. (1) of Law no. 85/2014, it has no possibility to file/continue before the court of common law any actions to satisfy the debts against the debtor’s estate.