BOOK VI: Company difficulties.

Within the time limit set by the court, the mandataire judiciaire draws up, after requesting the debtor’s observations, the list of declared claims with his proposals for admission, rejection or referral to the competent court. He forwards this list to the official receiver. The debtor’s observations are made within a period set by decree in the Conseil d’Etat. A debtor who does not make observations within this time limit may…

In the light of the proposals of the mandataire judiciaire, the juge-commissaire, if the application for admission is admissible, decides on the admission or rejection of the claims or notes either that proceedings are in progress or that the dispute does not fall within his jurisdiction. In the absence of a serious dispute, the official receiver also has jurisdiction, within the limits of the material jurisdiction of the court that…

An appeal against the decisions of the juge commissaire taken pursuant to this section is open to the creditor, the debtor or the mandataire judiciaire. However, a creditor whose claim is discussed in whole or in part and who has not replied to the judicial representative within the period mentioned in Article L. 622-27 may not appeal against the decision of the juge-commissaire where the latter confirms the proposal of…

Decisions by the official receiver to admit or reject claims or to decline jurisdiction are recorded on a statement that is filed at the court registry. Any interested person, with the exception of those mentioned in Article L. 624-3, may lodge a complaint with the official receiver under conditions set by decree in the Conseil d’Etat. People who are co-obligated or who have granted a personal guarantee or who have…

The official receiver has final jurisdiction in the cases provided for in this section where the value of the principal claim does not exceed the final jurisdiction of the court which opened the proceedings.