Autor: Adrian Ștefan CLOPOTARI
Publicat în: Revista de insolvență nr. 66/2018
Disponibil online: aici.
Titlul lucrării în engleză: Foreclosure in insolvency: from the release of criminal seizures to release of
certainties
Abstract: GEO 88/2018 implemented foreclosure during insolvency procedures and everything changed. Collective redress of claims may be suspended by individual foreclosure. But nobody knows what that means in insolvency. What are the rules of such foreclosure? Is there a parallel procedure for insolvency or insolvency proceedings? In the absence of clarification from the legislator, we can only interpret. Here is a way of debt foreclosure so that the text can be applied, based on the principles of insolvency. We outlined the limits and the way a current creditor may, during reorganization, demand the collection of the receivable from assets free of duties or unaffected by the reorganization plan.
Keywords: foreclosure; insolvency; art. 143 para. (1) of Law no. 85/2014;
unconstitutionality; collective proceedings; suspension of enforced enforcement; fiscal
debt; discrimination.
