BOOK VI: Company difficulties.

In the event of safeguard proceedings, the lessor only has a lien for the last two years of rent prior to the judgment opening the proceedings. If the lease is terminated, the lessor also has a lien for the current year, for everything relating to the performance of the lease and for any damages that may be awarded against him by the courts. If the lease is not terminated, the…

I.-Debts properly arising after the opening judgment for the purposes of the conduct of the proceedings or the observation period, or in consideration for a service provided to the debtor during that period, shall be paid when due. II.-.Where they are not paid on the due date, these claims are paid by lien before all other claims, whether or not accompanied by liens or security interests, with the exception of…

Any sums collected by the administrator or the mandataire judiciaire that are not transferred to the debtor’s bank or postal accounts, for the purposes of continuing the business, must be paid immediately into a deposit account at the Caisse des dépôts et consignations. In the event of delay, the administrator or the mandataire judiciaire shall owe, for the sums that they have not paid, interest at a rate equal to…

Any sum paid by the association mentioned in article L. 143-11-4 of the Labour Code in application of Articles L. 143-11-1 to L. 143-11-3 of the same code gives rise to a declaration to the tax authorities.

The mandataire judiciaire appointed by the court has sole standing to act on behalf of and in the collective interest of the creditors. However, in the event that the mandataire judiciaire fails to act, any creditor appointed as controller may act in that interest under conditions laid down by decree in the Conseil d’Etat. The mandataire judiciaire shall be entitled to give formal notice to a partner or shareholder to…

I.-The opening judgment interrupts or prohibits any legal action on the part of all creditors whose claim is not mentioned in I of Article L. 622-17 and seeking: 1° To order the debtor to pay a sum of money; 2° To rescind a contract for failure to pay a sum of money. II.-Without prejudice to the rights of creditors whose claim is mentioned in I of Article L. 622-17, the…

Subject to the provisions of article L. 625-3, the proceedings in progress are interrupted until the pursuing creditor has declared his claim. They are then resumed ipso jure, the judicial representative and, where applicable, the administrator or the commissioner for the implementation of the plan appointed pursuant to article L. 626-25 duly called, but tend only to the establishment of claims and the fixing of their amount. The debtor, a…

Litigation and enforcement proceedings other than those referred to in Article L. 622-21 are pursued during the observation period against the debtor, after the judicial representative and the administrator have been called into question where they have a mission to assist or after proceedings have been resumed on their initiative.

Where assets or rights present in a fiduciary estate are the subject of an agreement under which the settlor debtor retains the use or enjoyment of such assets or rights, no assignment or transfer of such assets or rights may be made to the fiduciary or to a third party by reason only of the opening of the proceedings, the adoption of the plan or a default in payment of…

From the date of publication of the judgment, all creditors whose claims arose prior to the opening judgment, with the exception of employees, must send the judicial representative a declaration of their claims within the time limits set by decree of the Conseil d’Etat. Where the creditor has been released from foreclosure in accordance with article L. 622-26, the time limits only run from the date of notification of this…