Statement of claim
Regarding the insolvency procedure, the CREDITOR is a natural or legal person who holds a right of claim over the debtor’s fortune of the debtor and who has particularly solicited to the court the registration of its claim in the final chart of claims or the consolidated final chart of claims.
The creditor must support its claim against the patrimony of the debtor, under the conditions of the present law 85 / 2014.
The capacity of creditor is held, without the personal submission of the statements of claim, by the employees of the debtor.
The creditor entitled to take part in the insolvency procedure is the one who has filed and to whom it was approved, completely or partly, the application for registration of the claim on the charts of claims against the debtor drawn up in the procedure and who is entitled to take part and vote in the assembly of creditors, including with regard to a plan of judicial restructuring admitted by the syndic judge, to be appointed in the capacity of member of the committee of creditors, to take part in the distribution of funds resulted from the judicial restructuring of the debtor or from the liquidation of the debtor’s fortune, to be informed or notified with regard to the performance of the procedure and to take part in any other procedure ruled by the present law.
The application will include: the name/ title of the creditor, domicile/registered office, owed amount, ground of claim, as well as mention regardingany potential causes of preference.
Supporting documents of the claim and articles of association of causes of preference will be attached to the application, the latest in the term set for the submission of the application for admission of the claim.
Holders of registered or bearer securities may solicit the insolvency administrator to return the original securities and add to the file their copies that have been certified by the latter.
All claims will be subjected to the procedure of verification provided for by the present chapter, except for claims found through enforceable judgments, as well as through enforceable arbitration decisions. If these judgments or arbitration decision are cancelled, scrapped or modified in the remedies, the insolvency administrator/ liquidator will draw up again the chart of claims accordingly. If the court that cancels or scraps the judgment does not clear the fund brought before the court as well, the insolvency administrator or the liquidator will start the verification of that claim, notifying the creditors if the claim has not been registered at all or it was partly registered.