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Andreea Maxim Insolvency · Valuation · Expert reports
RO
Since 2013 · UNPIR member

Insolvency practitioner in Cluj-Napoca

Since 2013 I have worked in insolvency prevention, insolvency and liquidation proceedings, alongside companies in difficulty or that need to be closed.

Every problem has a solution.

How I can help

As an insolvency practitioner, I provide advice and act as judicial administrator or judicial liquidator in insolvency prevention and insolvency proceedings under Law no. 85/2014.

  • advice on insolvency matters;
  • judicial administrator;
  • judicial liquidator;
  • insolvency prevention procedures;
  • insolvency proceedings: observation, reorganisation and bankruptcy;
  • voluntary liquidation and deregistration of companies (Law no. 31/1990);
  • liquidation and deregistration of associations, foundations and federations (Government Ordinance no. 26/2000);
  • assistance with matters related to insolvency proceedings.

The advantages of insolvency proceedings

Many people fear the word “insolvency”. In reality, insolvency is a protective measure for the debtor: a legal tool that gives a company in difficulty time, protection from creditor pressure and an organised way out.

  • Debts can be paid in instalments. Through reorganisation, debts can be paid in stages over 3–4 years, according to a reorganisation plan.
  • Interest and penalties stop running. No further interest, surcharges or penalties are added to debts arising before the opening of the proceedings.
  • Enforcement is stayed. From the opening of the proceedings, lawsuits and enforcement actions against the company for the recovery of debts are stayed by law.
  • Business can continue. The company can keep operating under the supervision of the judicial administrator, keeping its clients, contracts and jobs.
  • An orderly, transparent framework. Creditors are treated according to clear rules, under the control of the insolvency judge, and negotiations take place within a legal framework.
  • A proper closure, if there is no other way. When recovery is no longer possible, bankruptcy allows the company to be closed lawfully and in an orderly manner.

The reorganisation plan must be voted by the creditors and confirmed by the insolvency judge, and the right solution depends on each company's specific situation.

For creditors too

If you are a creditor and need to recover a debt from a company that has stopped paying, I can explain what options insolvency proceedings offer and what steps they involve.

Experience from over 12 years of practice

Since 2013 I have handled numerous proceedings, both for debtors with assets and for debtors without assets. I have drafted the documents specific to each procedure and represented the proceedings in court.

Along the way I have also dealt with matters related to insolvency, which come up often in practice and require experience: evictions, land registry entries, collective dismissals, the sale of real estate from the debtor's estate and other steps needed for an efficient management of the case.

An advantage: insolvency and valuation in one place

In insolvency, the value of the assets matters a great deal: for the reorganisation plan, for the sale or for the creditors. As an ANEVAR-authorised valuer as well, I understand from the inside how valuations are made and which questions need to be asked. I have also written several specialist articles on this subject.

  • Law no. 85/2014
  • Law no. 31/1990
  • Government Ordinance no. 26/2000

See also: ANEVAR real estate valuation · court expert reports

In short

Frequently asked questions

When should I ask an insolvency practitioner for help?

As early as possible, ideally when the first payment difficulties appear. The law also provides insolvency prevention procedures, and the sooner we talk, the more options can be considered.

What is the difference between voluntary liquidation and bankruptcy?

Voluntary liquidation is decided by the shareholders under Law no. 31/1990, usually when the company can pay its debts and the aim is to close it. Bankruptcy is a court procedure governed by Law no. 85/2014 for an insolvent debtor, in which the assets are sold to pay the creditors. For a creditor to request the opening of insolvency proceedings, the minimum amount of the claim is RON 50,000.

Can a company with no assets be closed?

Yes. I have handled numerous proceedings for companies without assets. The right route depends on the company's situation: debts, documents, activity. We decide on it after reviewing the paperwork.

What happens to an association or foundation that is no longer active?

Associations, foundations and federations can be liquidated and deregistered under Government Ordinance no. 26/2000. I can help with the steps and the documents required.

How is the fee set?

Transparently, according to the type of procedure and the complexity of the case. We discuss it from the start, once I understand the situation.

These answers are general and for information only. Every situation has its own particulars, so the right solution is agreed after a concrete discussion.

You don't have to find the solution on your own

Financial difficulties are easier to solve when you discuss them early with a professional.

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