Închiderea procedurii de reorganizare judiciară. Consecinţe asupra sarcinilor ce grevau imobilele societăţii debitoare

Closure of the judicial reorganization procedure. Consequences for the charges on the immovable properties of the debtor company

Abstract

By reference to the provisions of Article 76 para.(1) of Law no. 85/2006, creditors shall not be entitled to recover their claims against the debtor legal entity subsequently to the closure of the procedure, provided that the debtor was not convicted for simple or fraudulent bankruptcy or he was not held responsible for making fraudulent payments or transfers. However, in this case, there was no evidence that the debtor was convicted for simple or fraudulent bankruptcy or that it was held responsible for making fraudulent payments or transfers in relation to those debts that served as the basis for the registration of the mortgages under consideration.

Both under the old Civil Code (Article 1800), and in the current Code (Article 885,...