Moveable assets given to the debtor on a precarious basis or those transferred to a trust of which the debtor retains the use or enjoyment in his capacity as settlor may be claimed, provided that they are in kind. Goods sold with a retention of title clause may also be claimed if they are in kind at the time the proceedings are opened. This clause must have been agreed between…
The administrator with the agreement of the debtor, or failing that the debtor with the agreement of the mandataire judiciaire, may acquiesce in the application for revendication or restitution of an asset referred to in this section. In the absence of agreement or in the event of a dispute, the claim shall be brought before the juge-commissaire who shall rule on the fate of the contract, in the light of…
The price or part of the price of the goods referred to in Article L. 624-16 which has not been paid, settled in value or compensated between the debtor and the buyer at the date of the judgment opening the proceedings may be claimed. Insurance compensation subrogated to the property may be claimed under the same conditions. .
The debtor shall establish, in accordance with the conditions set out in Article L. 624-9, the composition of the assets held in connection with the business for which the proceedings have been opened that are included in another of its assets.The administrator, with the agreement of the mandataire judiciaire, may acquiesce in the request to take over the asset.Failing acquiescence or in the absence of an administrator, the request is…
The opening judgment makes the unpaid amount of the share capital immediately payable.
Sums owed to agricultural producers by their buyers are paid, notwithstanding the existence of any other preferential claim with the exception of those guaranteed by articles L. 3253-2and L. 3253-5 of the Labour Code, up to the total amount of products delivered by the agricultural producer during the ninety days preceding the opening of the procedure.
After verification, the mandataire judiciaire shall draw up, within the time limits set out in Article L. 143-11-7 of the Labour Code, statements of claims arising from a contract of employment, with the debtor heard or duly summoned. Statements of claims shall be submitted to the employees’ representative under the conditions provided for in Article L. 625-2. They are endorsed by the juge-commissaire, filed with the court registry and publicised…
Statements of claims arising from employment contracts are submitted for verification by the judicial representative to the employees’ representative mentioned in Article L. 621-4. The mandataire judiciaire must provide the representative with all relevant documents and information. In the event of difficulties, the employees’ representative may contact the administrator and, if necessary, refer the matter to the official receiver. He is bound by the obligation of discretion referred to in…
Lawsuits pending before the industrial tribunal on the date of the opening judgment are continued in the presence of the mandataire judiciaire and the administrator where he has a mission to assist or they are duly summoned. The judicial representative shall inform the court seised and the employees party to the proceedings of the opening of the proceedings within ten days.
When the institutions mentioned in article L. 143-11-4 du code du travail refuse for any reason whatsoever to settle a claim appearing on a statement of claims arising from an employment contract, they shall make their refusal known to the mandataire judiciaire who shall immediately inform the employees’ representative and the employee concerned. The latter may refer the dispute to the industrial tribunal. The court-appointed agent, the debtor and the…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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