Lichidarea bunurilor din averea debitorului în lumina noilor reglementari legale

avocat Stefan DUMITRU

SCA Stanescu, Milos, Dumitru & Asociatii

Summary:

The article analyses a very important stage in the insolvency procedure, which is the liquidation of the debtor’s effects. This stage is important because its favorable results determine, in many cases, the success of the debts’ recovery.

The article analyses this problem in the light of new regulations contained in the art. 116-120 from Law no. 85/2006 regarding the selling of debtor’s effects, the different ways of selling, or the creditors’ role in this stage.

The first issue concerning the liquidation of the debtor’s effects is the inventory of the debtor’s effects, which precedes always the liquidation.

Concerning the different ways of selling of the debtor’s effects, the author of the article emphasizes the great flexibility offered by the legal stipulations, taken into consideration that the main objective is the augmentation of the...