The conclusions of the insolvency expert

  •          Pasecinic NicolaeExpert în Insolvabilitate

     Why did you choose the profession of a judge in insolvency and liquidation matters?

I began my legal career in 2007 at the Chisinau Court, Râșcani District, and later at the Chisinau Court of Appeal, serving as a court clerk and judicial assistant until May 1, 2015, when I was appointed as a judge at the Chisinau Court (Buiucani office), specializing as a civil judge. While working as a court clerk and later as a judicial assistant, I participated in numerous court hearings in civil, criminal, administrative, and instructional matters. I also drafted numerous drafts of decisions, rulings, and judgments.

At the beginning of 2018, after the jurisdiction over insolvency cases was transferred from the Courts of Appeal to the District Courts, I submitted my candidacy to specialize as a judge in insolvency and liquidation, considering it a challenge, as I had not participated in these complex types of disputes as a court clerk or judicial assistant and had not examined such cases in my capacity as a judge.

  • Which types of disputes do you consider more complicated?

Insolvency and liquidation disputes are considered complicated, as these are complex cases in which numerous related issues provided for under the Insolvency Law are examined.

  • Tell us about an unusual situation you have encountered.

In an insolvency case, the insolvency administrator submitted the final report and liquidation balance of the company, requesting approval of the final report despite its incompleteness, even though the company had assets that were to be liquidated to settle creditors’ claims.

  • What recommendations would you give to entrepreneurs in the area of insolvency?

Throughout the insolvency process, it is important for entrepreneurs to be fully aware of all the obligations and responsibilities they have and to take measures to protect both the company and themselves from potential risks.

  • Give advice for entrepreneurs.

If entrepreneurs are facing financial difficulties, they should familiarize themselves with the insolvency procedure.