The Legal Regime of the Assets remaining in the Debtor’s Patrimony after the Closure of the Insolvency Procedure in Romania

The legal situation of the assets remaining in the patrimony of a debtor company after its deletion following an insolvency procedure raises both theoretical and practical concerns. Under the current Romanian framework, Law no. 85/2014 on the insolvency proceedings offers a general mechanism for managing the debtor's assets; however, it does not comprehensively address situations in which certain assets remain unvalued or undistributed during liquidation. These circumstances give rise to complex legal issues, including the analysis of the reasons why such assets were not realised during insolvency, their legal fate following the company’s dissolution, the rights of creditors, and the potential for judicial correction of these procedural omissions. Legal security requires the implementation of clear legislative reform measures to determine the fate of such residual assets and to protect the legitimate rights of creditors and other affected parties. Keywords: Insolvency; Assets, Deletion of the company; Legal security; Amendment proposal