Following the initiation of insolvency proceedings, the provisional judicial administrator shall send a notification to all creditors listed by the debtor, at least 10 days prior to the deadline for the registration of claims recognition requests. This notification will include deadlines for creditors to file objections to the opening judgment of the proceedings, to register claims recognition requests, to verify claims, and to prepare the preliminary table, as well as the deadline for finalizing the claims table.
Upon receiving this notification, all creditors whose claims are dated before the commencement of the proceedings, except for employees, shall submit their claims recognition requests within the timeframe set by the judge-commissioner, as indicated in the aforementioned notification.
The claims recognition request shall include the name or denomination of the creditor, their residence or registered office, the amount owed, and the basis of the claim, as well as any information regarding possible preference causes.
In order to substantiate the claim, the creditor shall attach supporting documents for the claim and the acts establishing preference causes, within the same period specified for submitting the claims recognition request.
After the deadline set by the judge-commissioner has passed, the judicial administrator shall verify all claims, excluding those established by enforceable court decisions.
Thus, the judicial administrator will review each request and document submitted and conduct a thorough examination to determine the legitimacy, exact value, and priority of each claim, including the right to establish that the statute of limitations has expired.
As a result of the examinations conducted, the judicial administrator will compile and register with the court a preliminary table containing all claims against the debtor’s assets. The preliminary claims table will be published in the Insolvency Procedures Bulletin, and after publication, registered creditors can participate in creditors’ meetings.
Upon the publication of the table in the Insolvency Procedures Bulletin, the judicial administrator will promptly send notifications to creditors whose claims or preference rights have been partially included in the preliminary table or have been removed, specifying the reasons for these decisions.
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Daniel Pavelescu – Attorney at Law
