FOR BUSINESSES
Creditor claims, challenges and representation in Romanian insolvency proceedings. Legal assistance for companies in financial difficulty.
Mention any approaching deadline or notice received.
SCPA Murar și Asociații is a Bucharest law firm advising and representing creditors and companies in Romanian insolvency, reorganisation and bankruptcy matters. We assist Romanian and foreign creditors seeking payment, as well as companies in financial difficulty. The assessment starts with the client’s position and the stage of the proceedings; enquiries can be discussed in English.
We assist before proceedings open and throughout the process. We assess obligations and legal options, prepare applications and defences, and represent clients before the insolvency judge and in dealings with the judicial administrator, liquidator and other participants.
Protecting a claim starts with reviewing the order opening proceedings and the applicable deadlines. We prepare the documents for filing a claim and pursue its admission, recognition of its ranking and recovery of the amounts due.
Our assistance includes:
The nature of the claim, security and priority ranking are essential to determining the creditor’s position and recovery prospects. See also our explanation of filing claims and participating in insolvency proceedings.
We represent creditors in claims seeking to hold directors, members of management bodies and other persons liable for contributing to the debtor company’s insolvency through conduct specified by law. Claims under Article 169 of Law No. 85/2014 seek an order requiring those responsible to bear some or all of the company’s liabilities, up to the amount of the loss caused.
We assess the creditor’s standing to bring a claim, examine the facts and evidence, prepare court submissions and provide representation before the competent courts, including on appeal.
We apply the framework set out in Articles 169–173 of Law No. 85/2014, taking account of the amendments introduced by Law No. 239/2025 and the transitional provisions that determine which rules govern each case. Read about the requirements for liability claims in insolvency.
Before insolvency occurs, we assess options for negotiation and preventive restructuring, including restructuring agreements and preventive composition proceedings, subject to statutory requirements. The distinction between financial difficulty and insolvency determines the procedures available and management’s duties.
We examine the company’s obligations and the conditions under which an insolvency petition is available or mandatory. We prepare the petition and supporting documents or the defence to creditors’ petitions.
During proceedings, we represent the company in disputes and procedural matters and assist in dealings with creditors and the insolvency practitioner. Our legal advice reflects the economic position and options for continuing operations.
We work with the insolvency practitioner and other specialists, each within their respective responsibilities. The prospects of reorganisation depend on the company’s position and the viability of the proposed measures.
We advise and represent directors, executives and other members of the debtor company’s management bodies facing personal liability claims under Article 169 of Law No. 85/2014.
We develop the defence by examining each person’s responsibilities and conduct, the alleged wrongdoing, the loss claimed and the alleged causal link. We assess the evidence, statutory presumptions and limitation issues, prepare statements of defence and provide representation throughout the proceedings and on appeal, including in relation to interim protective measures sought or ordered.
Proceedings are governed by Law No. 85/2014 as applicable to the case, including transitional rules. The path towards reorganisation or bankruptcy depends on the debtor’s position and decisions taken during proceedings.
We assess the effects on enforcement, interest, penalties and ongoing contracts. The treatment of an obligation may vary according to the nature of the claim, existing security and when it arose.
Creditors should provide contracts, invoices and other evidence of the claim, security documents, payment records and documents served in the proceedings.
Debtor companies should provide information on liabilities, creditors, assets and litigation, together with relevant financial and accounting records.
If proceedings have already opened, provide the case number, opening order and notices received, keeping proof of service.
Check the proceedings and the deadline for filing a claim without delay. Filing a proof of claim with supporting documents in accordance with the law is essential to exercising creditors’ rights.
Not in every case. Trading may continue, and reorganisation may be an option if the company’s position and the procedural framework allow it. Viability requires both legal and commercial assessment.
Opening insolvency proceedings generally stays actions to recover claims against the debtor’s estate. The application of this rule and its statutory exceptions must be checked against the claim and the person against whom enforcement is pursued.
Yes, subject to statutory requirements and deadlines. The defence is based on the claim relied on, the documents and the company’s position. The date the petition is served matters when preparing the response.
Yes. We assist Romanian and foreign business creditors with reviewing evidence, preparing proofs of claim, checking the schedule of claims and representation in the proceedings, within the agreed mandate. The initial discussion can take place in English.
State whether you are a creditor or represent the debtor company, identify the company involved, provide the case number if known, the approximate amount and any notice or urgent date. Start with a summary; detailed documents can be organised after the initial discussion and conflict check.
If proceedings have not opened, we also assess debt recovery options available outside insolvency.
LEGAL RESOURCE · 2026
A reference guide for entrepreneurs, businesses and institutions: companies, contracts, employment, debts, insolvency, taxation, public procurement, data protection and artificial intelligence.
If a Romanian debtor is subject to insolvency proceedings, recovery should be assessed in light of the procedure and the documents supporting the claim. Legal assistance focuses on the creditor's position and the available options. An assessment of the claim does not guarantee that the debt will be recovered.
THE FIRST STEP
Say whether you are a creditor, represent a company in financial difficulty or need a defence as a director. Identify the company, the stage of the proceedings and any notice or urgent date.
