Quick answers
My Romanian debtor is insolvent. What can I do?
File your claim in the insolvency case, by the deadline set in the opening judgment published in the Insolvency Proceedings Bulletin (BPI). Proceedings are governed by Law no. 85/2014.
What is the deadline to file a claim in a Romanian insolvency?
The deadline is set by the opening judgment and published in the BPI. For creditors in other EU Member States, Regulation (EU) 2015/848 sets a minimum of 30 days after the opening is published in the insolvency register.
What happens if I miss the deadline?
A creditor that misses the deadline risks losing the right to take part in the proceedings and in distributions.
In short
- Romanian insolvency proceedings are governed by Law no. 85/2014 on insolvency prevention procedures and insolvency.
- The opening judgment sets the deadline for filing claims; it is published in the Insolvency Proceedings Bulletin (BPI).
- A creditor that misses the deadline risks losing the right to take part in the proceedings and in distributions.
- For creditors in other EU Member States, Regulation (EU) 2015/848 allows claims to be lodged using a standard form and sets a minimum time limit of 30 days after the opening is published in the insolvency register.
Three steps
1. Confirm the opening
Check the insolvency bulletin for the court, case number, insolvency practitioner and filing deadline.
2. Prepare the claim
State the amount, its legal basis, any security or preference, and attach supporting documents.
3. File and follow up
File before the deadline, then check the preliminary table of claims and the creditors' meetings.
In detail
Who may file
Any creditor holding a claim against the debtor that arose before the opening of the proceedings may file it, whether based in Romania or abroad.
Claims that arise after the opening of proceedings follow different rules and are generally paid according to the documents from which they arise.
What the claim must contain
The creditor's identification and address for service, the amount claimed, the legal basis of the claim, and whether it is secured or has a preference.
Supporting evidence: contract, invoices, delivery documents, acknowledgements of debt, judgments or arbitral awards.
For creditors in other EU Member States, Regulation (EU) 2015/848 provides a standard claim form; the claim may be lodged in any official EU language, and a Romanian translation may be requested.
The deadline
The deadline for filing claims is set in the court's opening judgment and is published in the Insolvency Proceedings Bulletin.
Under Regulation (EU) 2015/848, creditors from other EU Member States have at least 30 days from the publication of the opening in the insolvency register of the State where proceedings were opened.
A claim filed late risks being excluded from the proceedings. Check the date in the published notice and plan to file before it.
After filing: the table of claims
The insolvency practitioner verifies each claim and draws up a preliminary table of claims, published in the bulletin.
Creditors may challenge the table, including their own treatment or another creditor's claim, within the legal deadlines.
After challenges are resolved, the definitive table determines voting rights and participation in distributions.
Creditors' meetings and reorganisation
Creditors vote in the creditors' meeting and may form a creditors' committee.
If a reorganisation plan is proposed, creditors vote by category; if the debtor goes into bankruptcy (faliment), the assets are sold and proceeds are distributed in the order set by the law.
Documents to prepare
- Claim application or the EU standard claim form
- Contract, invoices and proof of delivery or performance
- Calculation of the principal and any interest claimed up to the opening date
- Evidence of any security (pledge, mortgage, guarantee)
- Power of attorney for the Romanian lawyer, with apostille and translation where required
Related guides
Frequently asked questions
Official sources
- Law no. 85/2014 — Romanian Legislative Portal
- Regulation (EU) 2015/848 on insolvency proceedings — EUR-Lex
- National Trade Register Office — Insolvency Proceedings Bulletin
- European e-Justice Portal — insolvency registers
General legal information, not legal advice. Each situation requires individual review. Cabinet de Avocatură Pantilimon Rikhárd-Árpád, based in Târgu Mureș.