In the absence of a declaration within the time limits provided for in Article L. 622-24, creditors shall not be admitted to distributions and dividends unless the official receiver relieves them of their foreclosure if they establish that their default is not due to their fault or that it is due to an omission by the debtor when drawing up the list provided for in the second paragraph of l’article L. 622-6. They may then only contribute to distributions made after their request.
Debts and securities not duly declared within these time limits may not be enforced against the debtor during the implementation of the plan and after such implementation when the commitments set out in the plan or decided by the court have been fulfilled. Under the same conditions, they are also unenforceable against natural persons who are co-obligated or who have granted a personal surety or who have assigned or transferred an asset as security.
The action for relief from foreclosure may only be brought within the six-month period. This period runs from the publication of the opening judgment or, for the institutions mentioned in article L. 3253-14 of the Labour Code, from the expiry of the period during which the claims arising from the employment contract are guaranteed by these institutions. In the case of holders of a published security or those bound to the debtor by a published contract, the period runs from receipt of the notice given to them. By way of exception, if the creditor proves that he was unable to know of the debtor’s obligation before the expiry of the six-month period, the period runs from the date on which it is established that he could not have been unaware of the existence of his claim.