Insolvency practice
The insolvency practitioner
Insolvency practitioner Mihalache Cătălin is by profession a LAWYER registered with the Bucharest Bar, the National Union of Romanian Bars, since 01.02.2006, and is an ARBITRATOR at the Bucharest Court of Commercial Arbitration attached to the Chamber of Commerce and Industry of the Municipality of Bucharest.
The insolvency practitioner practises law within the Cătălin Mihalache Law Office. The law office was established by Decision no. 85 of 20.01.2009 of the Bucharest Bar and has operated without interruption ever since. The office has a working office at 4 Ion Ghica Street, 2nd floor, room 46, Sector 3, Bucharest, in the Palace of the Chamber of Commerce and Industry of the Municipality of Bucharest.
Representation in insolvency proceedings
In his work as a lawyer, the insolvency practitioner has represented the office's clients in insolvency proceedings; he has been engaged as lawyer for the insolvent debtor through the conventional representation of the insolvency practitioners appointed in insolvency cases, providing judicial representation of the debtor's interests before the judicial bodies for the recovery of claims with a view to maximising the debtor's estate and setting aside legal acts concluded to the economic detriment of the insolvent debtor.
In recovering the insolvent debtor's claims, he has brought actions for payment, insolvency actions and payment orders, and has represented the insolvency practitioners in the General Meeting of Creditors or the creditors' committee, where required, according to the legal complexity of the agenda items put before the creditors.
He has supported and drawn up reorganisation plans for insolvent debtors, has represented the insolvent debtor in any procedure required under Law no. 85/2006 and under the procedure required by Law no. 85/2014, and has drafted payment agreements concerning the understanding between debtor and creditor on settling obligations in one or more instalments at times other than those falling due under contractual or legal provisions.
Commercial arbitration
The insolvency practitioner has been an arbitrator at the Bucharest Court of Commercial Arbitration attached to the Chamber of Commerce and Industry of the Municipality of Bucharest since its re-establishment in September 2019 and up to the present, resolving numerous arbitration cases concluded with arbitral awards that are currently in civil circulation, with none of the arbitral awards he has delivered having been set aside.
Advisory work and representation for businesses
As a lawyer, the insolvency practitioner has represented clients from various fields, among which, without being exhaustive: automotive, real estate development, wine growing, the chamber system under Law no. 335/2007, electricity and heat, and so on.
He has represented clients in negotiations, whether pre-contractual, contractual or with a view to closing contractual relationships, in preventive concordats; he has drafted agreements in relationships between businesses with a view to the signing and enforcement of contractual rights and obligations, bringing judicial actions specific to relationships between businesses: actions for payment, in contractual and non-contractual liability, in the performance and enforcement of rights and obligations arising from contractual relationships, and so on.
He has assisted in devising and carrying out the preventive concordat procedure for debtors in financial difficulty, and has represented the insolvency practitioners in the procedure for the liquidation of the assets of insolvent debtors.
He has drawn up points of view for the insolvency practitioners at the request of syndic judges for particular situations arising in the course of the insolvency procedure, and has carried out through conventional representation any act in the name of the insolvency practitioners throughout the insolvency period, from the filing of the application by the creditor or the debtor to the final judgment striking off the insolvent company, and until the final resolution of applications to establish the patrimonial liability of the management bodies at fault for the insolvency.
