Modalităţile şi forma înaintării creanţelor creditorilor împotriva debitorului insolvabil

Abstract

The legislator declares in Article 140 of the Insolvency Law the right of any potential creditor to file their claim as follows: if they have a claim against the debtor arising before the date of the opening of proceedings, the creditor shall submit their claim in writing, regardless of its type, through an application for the admission of claims addressed to the court handling the debtor’s insolvency case. On the surface, it seems that there is only one way for the creditor to proceed - submitting an application for the admission of the claim. However, the situation is a bit more nuanced, and an analysis of the insolvency law reveals at least three different methods for submitting claims, varying in complexity and form.