This article is based on a situation often encountered in practice in insolvency proceedings opened under Law no. 85/2014: the appointment of the insolvency administrator by the majority creditors / the majority creditor holding at least 50% of the creditors’ estate with voting rights at the first meeting of the creditors’ meeting, without taking into account essential aspects in the conduct of the insolvency proceedings that are important fo...

The present study presents issues regarding the request for lifting the suspension of judicial, extrajudicial or enforceable actions for the realisation of the creditor’s claim over the debtor’s assets as provided by art. 75 par. 1 of the Law no. 85/2014 on pre-insolvency and insolvency procedures which creditors that have a preferential claim may have in favour, exception of the principle of suspension of the creditor’s powers to asset and enf...