The Provisional Nomination of the Insolvency Office Holder in the Romanian Legislation

Abstract:

The insolvency office holder is one of the individuals who enforce the proceedings, and therefore are ascribed managerial complex tasks, that he has to perform with professional refinement during the observation period and during the reorganisation/liquidation proceedings, regarding the debtor’s estate and activity. Between the practitioner proposed by the debtor and the practitioner proposed by the creditor, when by hypothesis both requests are pending to the commencement of the proceedings, the law-maker gives precedence to the creditor’s proposal, and the syndic judge is bound by this hierarchisation when performing the duty stated in Law no. 85/2014.