You delivered goods to a company, but the invoice remained unpaid. Then you learn that an insolvency procedure has been opened against the partner. In such a hypothetical example, the first useful reaction is to determine exactly what the company owes, what stage the procedure is in, and what needs to be done to present your claim.<\/p>\n
A remaining invoice may only be part of the file. The requested amount, the date of the obligation\u2019s creation, any guarantees, and partial payments must be verified before completing the declaration.<\/p>\n
According to Article 102 of Law No. 85\/2014, creditors with prior claims open before the opening of the proceedings must file the admission application within the time frame set by the opening decision, with the exceptions provided by law. The application must be filed with the court; the mere transmission of the invoice to the practitioner should not be confused with the legal submission. Identify the decision and the notification published in the Insolvency Proceedings Bulletin. Check the time indicated for filing the statements, the court, the designated practitioner, and the relevant instructions for creditors.<\/p>\n
Do not calculate the term based solely on the day you learned about the insolvency. What matters is the applicable document and the calculation rules that need to be verified. If a term seems close to or exceeds the deadline, the analysis should not be delayed.<\/p>\n
Also check whether all the amounts you claim come from the same period. Obligations related to previous benefits may raise different questions than those related to subsequent activity.<\/p>\n
Prepare a calculation that separately shows the principal amount, the received payments, and any additional fees you request. For each amount, identify the underlying document and the period it refers to.<\/p>\n
If you have a guarantee, check the documents that established it and the relevant documents for it. Do not assume that simply mentioning the guarantee in a message or on an invoice clarifies the scope or extent of your rights.<\/p>\n
If there are returned goods, trade discounts or compensations discussed with the partner, include them in the balance check. A clear statement allows understanding how you arrived at the requested amount. Accessories and rank of the claim are checked according to the law, without automatically calculating interest for the entire period after opening.<\/p>\n
Collect the contract, orders, invoices, delivery or service documents, and proof of their communication. Keep the correspondence regarding the acceptance of the goods, objections, deadlines, and any payment promises.<\/p>\n
Account statements help identify payments. If you are claiming interest or penalties, prepare the documents on which you base your calculation as well. For guarantees, keep the related documents and evidence in a form that is easy to correlate with the claim.<\/p>\n
Before submitting, check the recipient, the method of transmission, the attachments, and any requirements regarding the signature or proof of submission. Keep a complete copy and the confirmation of the transmission.<\/p>\n
After filing, follow the procedural documents to see how the claim was treated. If the amount is handled differently or not accepted, there may be means and deadlines for reaction; these must be verified immediately in relation to the act communicated or published.<\/p>\n
Is it enough to send the remaining invoice?<\/strong> The invoice may be important, but the file must also explain the transaction, the balance and any guarantees.<\/p>\n If I submitted the declaration, will I definitely get my money back?<\/strong> There is no such guarantee. The outcome depends on the status of the claim and the progress of the proceedings.<\/p>\n A legal consultation can help verify the documents, the deadline, and the way the claim is presented.<\/p>\n Legal references:<\/strong> Art. 100, 102\u2013104 and 111 of Law no. 85\/2014.<\/p>\n To analyze your documents and options, contact the Bucharest law firm<\/a>: 0732 710 701<\/a> or vreau@avocatbucuresti.ro<\/a>.<\/p>","protected":false},"excerpt":{"rendered":" Ai livrat marf\u0103 unei societ\u0103\u021bi, dar factura a r\u0103mas nepl\u0103tit\u0103. Apoi afli c\u0103 \u00eempotriva partenerului a fost deschis\u0103 o procedur\u0103 de insolven\u021b\u0103. \u00centr-un asemenea exemplu ipotetic, prima reac\u021bie util\u0103 este s\u0103 stabile\u0219ti exact ce datoreaz\u0103 societatea, \u00een ce stadiu se afl\u0103 procedura \u0219i ce trebuie f\u0103cut pentru a-\u021bi prezenta crean\u021ba. O factur\u0103 restant\u0103 poate fi […]<\/p>\n","protected":false},"author":1,"featured_media":6331,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[176],"tags":[],"class_list":["post-7456","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-comercial"],"yoast_head":"\n