Do loan instalments, arrears and enforcement proceedings exceed what you can realistically afford to pay? We assess whether personal insolvency may apply, what obligations it involves and which other legal options should be considered.
Do loan instalments, arrears and enforcement proceedings exceed what you can realistically afford to pay? We assess whether personal insolvency may apply, what obligations it involves and which other legal options should be considered.
The procedures under Law no. 151/2015 apply to individuals who meet the statutory conditions, for obligations that do not arise from operating an enterprise. A single overdue instalment is not enough. We review the nature of the debts, income, assets, family circumstances and good faith, without promising automatic debt cancellation.
The law provides for an insolvency procedure based on a debt repayment plan, a court procedure involving liquidation of assets, and a simplified procedure. Each has its own conditions. The choice depends on the debtor’s documented circumstances, rather than simply the procedure’s name or a wish to stop garnishment.
For the procedure based on a debt repayment plan, the debtor must notify every known creditor at least 30 days before filing the application with the competent insolvency commission. Notice must be sent by a method that provides confirmation of receipt (Article 13(1) and (4) of Law no. 151/2015). Keep copies of the notices and confirmations of receipt when preparing the file.
The ANPC provides consumers with information and advice regarding personal insolvency. You can contact the Directorate of Insolvency of Natural Persons at insolventa@anpc.ro Or you can request guidance from the competent territorial structure. The private legal assistance of the office is distinct from this support; the services and the fee are determined by contract, after analyzing the situation.
Prepare a complete list of creditors, credit agreements and other documents establishing debts, outstanding balances, income, necessary expenses, property documents and enforcement files. Mention guarantees, co-debtors, maintenance obligations and any debts arising from economic activities. Do not conceal assets, income or debts when preparing the file.
We do not assume this effect from the first step. We verify the procedure, the stage and the legal conditions.
We do not guarantee such a result. The consequences on the assets and obligations are analyzed individually.
No. Legal assistance has its own role established by contract and does not replace the duties of the authorities or of the persons designated in the proceedings.
Lawyer Constantin Andor has been a member of the bar since 2000 and has operated his law office since 2007. Services and fees are agreed in a legal assistance contract after the objective and documents have been clarified. The law office works with lawyers and experts according to the needs of the case. We do not guarantee a particular outcome or duration.
Call: 0732.710.701 · Contact us on WhatsApp · Contact form. Mention any approaching deadline. Confidential documents should be sent using the method agreed with the law office.