Ordinea de distribuire a creanţelor. Creanţe garantate acordate după deschiderea procedurii insolvenţei. Finanţare acordată în afara planului de reorganizare

The order of distribution of claims. Guaranteed claims granted after opening the insolvency procedure. Financing granted outside the reorganization plan

Abstract

According to art. 121 para. (1) item 1 of Law no. 85/2006 on the insolvency procedure, the claims of guaranteed creditors and including the capital, the interests, the increases and any kind of penalties, arising during the insolvency procedure after the approval of the reorganization plan, as a component of this plan, shall be distributed for the benefit of the above-mentioned creditors after the distribution of the expenses related to the sale of the guaranteed asset.

As long as the claim for which the appellant requested the distribution, represents the financing granted in the course of the insolvency procedure, however not after the approval of the reorganization plan,...