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Article L643-12 of the French Commercial code

The closure of the judicial liquidation or the proceedings provided for in article L. 645-1 suspends the effects of the cheque-writing ban to which the debtor is subject under article 65-3 of the decree of 30 October 1935 unifying the law on cheques and relating to payment cards, implemented on the occasion of the rejection of a cheque issued prior to the judgment opening the proceedings. However, where the debtor…

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Article L643-13 of the French Commercial code

If the judicial liquidation is closed due to insufficient assets and it appears that assets have not been realised or that actions in the interest of creditors have not been taken during the course of the proceedings, the proceedings may be resumed. The matter is referred to the court by the previously appointed liquidator, by the public prosecutor or by any interested creditor. If the matter is referred to it…

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Article L644-1-1 of the French Commercial code

When the liquidator carries out the inventory pursuant to article L. 641-2 and if the value of the assets justifies it, the official receiver shall appoint, for the purpose of carrying out the valuation of the assets, one of the persons mentioned in the last paragraph of II of Article L. 641-1.

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Article L644-2 of the French Commercial code

As an exception to the provisions of Article L. 642-19, where the simplified procedure is decided pursuant to Article L. 641-2, the liquidator shall sell the movable assets by mutual agreement or at public auction within four months of the decision ordering the simplified procedure. At the end of this period, the remaining assets shall be sold at public auction.

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Article L644-4 of the French Commercial code

At the end of the procedure for verification and admission of claims as provided for in Article L. 644-3 and the realisation of assets, the liquidator shall include his proposals for distribution on the statement of claims. He shall assess the amount of the legal costs mentioned in 3° of I of Article L. 643-8 that are foreseeable. This completed statement is filed with the registry and published. However, if…

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Article L644-5 of the French Commercial code

The court shall pronounce the closure of the judicial liquidation at the latest within six months of the decision ordering or deciding on the application of the simplified procedure, with the debtor heard or duly summoned. This period is extended to one year when the number of the debtor’s employees and its turnover excluding tax exceed thresholds set by decree. The court may, by a specially reasoned ruling, extend the…

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Article L645-1 of the French Commercial code

A professional recovery procedure without liquidation is instituted, open to any debtor, natural person, mentioned in the first paragraph of article L. 640-2, is in suspension of payments and whose recovery is clearly impossible, has not ceased trading for more than one year, has not employed any employees over the last six months and whose declared assets are worth less than an amount set by decree by the Conseil d’Etat….

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