Brief Considerations in Relation to the Actions of Forced Execution in the Context of the Debtor’s Insolvency, According to Law no. 85/2014
Romanian Review of Compulsory Execution issue 2/2014
Posted: 11 Nov 2014
Date Written: November 10, 2014
Abstract
The debtor’s situation in the forced execution procedure is influenced by its going into the insolvency procedure, first of all due to the immediate consequences proposed upon opening the procedure, namely the suspension of the forced execution, together with the exceptions set forth by law, respectively the obligation of the bailiff to transfer all the debtor’s assets and valuable goods to the judicial administrator.
The pleadings drawn up prior to the opening of the insolvency procedure are kept, and despite the fact that the law sets forth the suspension of forced execution and subsequently, even the cessation of the respective procedure, it cannot influence these pleadings.
Law no. 85/2014 provides the possibility for the judicial administrator to verify the enforcement costs to be recovered in the insolvency procedure, such legislative solution being different from the solution resulted from Law no. 85/2006.
Keywords: forced execution, insolvency, suspension of forced execution, actions of forced execution, enforcement costs.
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