Who may petition for insolvency
A petition may be made by the debtor, one or more creditors, or persons and institutions expressly designated by law. The insolvency judge determines the petition and verifies that the requirements are met.
For non-wage claims, the threshold is RON 50,000 for both creditor and debtor petitions under Law No. 85/2014. A creditor must establish a certain, liquidated claim overdue for more than 60 days, taking account of applicable set-off. For employees, the threshold is separately set at six national average gross salaries per employee.
The debtor’s obligations and right of defence
Under the regime applicable from 18 December 2025, an insolvent debtor must apply to the tribunal within 45 days of becoming insolvent. The competent tax authority must be notified 15 days before filing. The law separately regulates certain good-faith negotiations and the option for a debtor facing imminent insolvency to apply.
Where a creditor petitions, the debtor may dispute or acknowledge insolvency within ten days of receipt. Both the debt and payment position must be examined. A seriously disputed claim or payment already made may change the outcome; the petition should not be treated as a routine commercial notice.
What happens to litigation and enforcement
From commencement, actions and enforcement to recover claims against the debtor’s estate are stayed within Article 75’s scope. Once the opening order becomes final, stayed proceedings terminate under the statutory rule. Pre-opening claims are primarily pursued collectively.
There are exceptions: actions against co-debtors and third-party guarantors are not stayed by this rule, and post-opening claims have a distinct regime. Secured creditors may have special remedies, including an application to lift the stay under Article 78. Commencement does not block every dispute or right against every person.
Filing claims and checking the schedule
Creditors must monitor the opening order, notices and Insolvency Proceedings Bulletin. The claim deadline is set by the court within the statutory maximum of 45 days from commencement, subject to lawful extension. It is not automatically 45 days from when the creditor learns of the case.
The proof of claim must state the amount, basis and priority rights and include supporting evidence. A judgment or other enforceable title does not replace this step. Wage claims are entered ex officio. The claim on which proceedings were opened is subject to the special rule in Article 102(2), including for ancillary amounts. Public creditors have special rules for claims established by tax inspection.
After publication of the preliminary schedule, check the amount and ranking. Objections must be filed within seven days of publication in the Insolvency Proceedings Bulletin (BPI). Late filing may result in loss of participation rights, subject to statutory exceptions, including defective notification.
How creditors monitor recovery after filing a claim
For the creditor company’s finance team or management, it helps to organise the file by stage. Keep the evidence of the debt, documents published in the proceedings and a record of actual receipts separately.
After filing: check the amount and priority
Compare the claim and evidence of filing with the published schedule: the amount admitted, any amount rejected and the claimed priority. An acknowledgement of receipt does not, by itself, establish admission of the claim. If there is a difference, identify the document, the reason for the entry and the evidence supporting the creditor’s position, so that the available procedural response can be assessed in time.
Before voting on the plan: assess the proposed recovery
Read the plan, payment schedule and supporting documents together. Examine the amount proposed for the creditor, timing, funding and comparison with estimated recovery in bankruptcy. The nominal amount in the schedule of claims differs from the amount and timing of payment proposed under a plan. Legal assessment also considers the claim’s category, its treatment and the voting and court-confirmation requirements.
During the proceedings: monitor reports and distributions
Monitor the Insolvency Proceedings Bulletin (BPI), the insolvency practitioner’s reports and, in bankruptcy, the report on funds and distribution plan. Reconcile actual receipts, the outstanding balance and proposed distributions. Subject to Articles 59(2) and 137(1), creditors may ask the judicial administrator to send the monthly report and reorganisation plan by email; receiving an email does not replace checking publication in the BPI. The grounds and deadline for a challenge must be established for the particular document.
The applicable rules also depend on when proceedings began. As a general rule, Law No. 239/2025 preserves the earlier law for proceedings commenced before it took effect, with exceptions including the communication of certain reports and plans. The dates of the proceedings and the relevant document must be checked against the transitional provisions.
Assistance for creditors and debtors
SCPA Murar și Asociații is a law firm based in Bucharest, providing advice and representation to creditors and debtor companies in Romanian insolvency proceedings. For a creditor company, the assessment may concern filing, the amount and priority of its claim, participation in decisions, the plan or distributions, depending on the case’s stage.
In your initial enquiry, identify the creditor company and debtor, approximate outstanding amount and currency, case number if known, stage of the proceedings and any urgent document or deadline. Detailed documents can be organised after the initial discussion and conflict-of-interest checks. Foreign creditors may present their situation in English.
The claim’s value, recovery prospects and cost of legal steps are assessed together. The scope of assistance, stages and fees are agreed for the particular matter; admission of a claim or payment provided for in a plan does not guarantee receipt.
See our insolvency and creditors’ rights services and approach to fees, then tell us about your company’s situation.
Useful questions
Must I file a claim even if I have already won in court?
Generally yes, for a pre-opening claim. The title proves the right but does not replace the statutory proof of claim.
Does the debtor’s insolvency prevent me pursuing a guarantor?
The Article 75 stay does not automatically extend to co-debtors and third-party guarantors. The guarantee, maturity and any proceedings affecting them must nevertheless be checked.
Does admission to the schedule guarantee recovery of the money?
No. Admission establishes the claim’s position in the proceedings, subject to the law. Recovery depends on available funds, priority, the applicable plan and actual distributions. The entry in the schedule must be monitored alongside developments in the case.
Legal sources
- Law No. 85 of 25 June 2014 — Article 5, points 20, 29 and 72; Articles 59, 65–66, 72, 75, 78, 100–102, 110–114, 133, 137–139 and 160.
- Law No. 239 of 15 December 2025 — Articles XXIX and XXXII, including paragraphs (1), (4), (6) and (8).
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.