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Cabinet de Avocatură Dimofte, Galați

Practice area

Insolvency lawyer in Galați

We assist both debtors who must open insolvency proceedings and creditors who want to recover their claims. The lawyer leading this area has been an insolvency practitioner registered with UNPIR since 2014, so she knows the procedure from both positions, that of the court and that of the parties.

How we can help

  • The debtor's application to open insolvency proceedings
  • The creditor's application and challenges to abusively filed applications
  • The proof of claim and registration with the creditors table
  • Challenges to the preliminary and to the final schedule of claims
  • The judicial reorganisation plan and supporting it at the creditors' meeting
  • Actions to annul fraudulent transfers made before insolvency
  • Engaging the liability of directors for entering insolvency
  • Representation on the creditors' committee and at the creditors' meeting

How a case unfolds

  1. Assessing the situation

    We establish whether the state of insolvency is presumed or imminent and which route fits: reorganisation or bankruptcy. For creditors, we check that the claim is certain, liquid and due and that it exceeds the threshold value provided by law.

  2. The application and opening of the procedure

    We prepare the documentation required by Law 85/2014 and argue the application before the syndic judge. For the debtor, the deadline for requesting the opening of the procedure is short, and missing it can engage the director's liability.

  3. The creditors table and reorganisation

    We file the proof of claim within the deadline set in the opening decision, challenge the schedule if it is wrong and attend the creditors' meetings. When reorganisation is realistic, we work on the plan that supports it.

Who handles it

Gabriela Dimofte

Attorney at law, insolvency practitioner, mediator

Gabriela Dimofte is an attorney at law with Baroul Galați and founded the group's first practice in 2004. She has been an insolvency practitioner and UNPIR member since 2014, an authorised mediator since 2010 and an arbitrator with the arbitration body attached to ORDA. Her main areas are insolvency, enforcement proceedings, civil law and commercial disputes.

Full profile: Gabriela Dimofte

Frequently asked questions

When is a company obliged to file for insolvency?

When it can no longer pay certain, liquid and due debts from available funds, after the period provided by law has passed. The director is obliged to file the application within a short deadline from the appearance of the state of insolvency, and delay can engage his or her personal liability.

What is a proof of claim and until when can I file it?

It is the document by which a creditor asks to be entered in the debtor's schedule of claims. The deadline is set in the decision opening the procedure and published in the Insolvency Proceedings Bulletin. Missing it usually results in losing the right to be registered.

Does insolvency automatically mean the company closes?

No. The procedure has two possible directions: judicial reorganisation, under which activity continues on the basis of a plan approved by creditors, and bankruptcy, through which the estate is liquidated. Which one applies depends on the concrete situation and on the creditors' vote.

Can I recover anything if my debtor has gone into bankruptcy?

It depends on the rank of the claim and on the remaining estate. Secured claims are satisfied with priority out of the encumbered asset, while unsecured claims come last, often partially. The useful first step is in any case timely registration with the creditors table: without it there is no chance of recovery.

What does it mean that the lawyer is an insolvency practitioner?

It is a qualification separate from that of lawyer, obtained through registration with UNPIR, which allows exercising the duties of judicial administrator or liquidator. In practical terms, it means familiarity with the procedure seen from the inside, not only from the position of a party's representative.

Domenii înrudite

Do you have a insolvency question?

Call us or write a few lines about what is going on. We will tell you who will handle it, which documents to prepare and what it costs, before any work begins.

+40 723 255 392George Dimofte+40 722 398 232Gabriela Dimofteoffice@avocatidimofte.ro

The office is on Str. Domnească nr. 84, Galați. Open Monday to Friday, 09:00 - 17:00. See the map and directions.