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Article R622-5 of the French Commercial code

The list of creditors drawn up by the debtor in accordance with article L. 622-6 includes the name or designation, registered office or domicile of each creditor with an indication of the amount of the sums due on the day of the opening judgment, the sums due and their due date, the nature of the claim, the securities and privileges attached to each claim. It includes the purpose of the…

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Article R622-5-1 of the French Commercial code

The debtor shall inform the judicial representative of the identity of the natural persons who are co-obligated or who have granted a personal surety or who have assigned or transferred an asset as security. The judicial representative shall inform them of the possibility offered to them of requesting the benefit of the provisions of the procedure provided for in articles L. 711-1 et seq. of the Consumer Code.

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Article R622-6 of the French Commercial code

When the official receiver rules on an application for authorisation submitted by the debtor pursuant to II of Article L. 622-7, the court clerk shall summon the debtor, the administrator, where one has been appointed, the judicial representative and, where applicable, the creditors holding special security interests in the assets whose sale is envisaged. An application for authorisation of an act likely to have a decisive impact on the outcome…

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Article R622-7 of the French Commercial code

In the event of the sale of an asset referred to in the first paragraph of Article L. 622-8, the share of the price shall be remitted to the administrator or, failing that, to the judicial representative for payment to the Caisse des dépôts et consignations. The funds are unavailable during the observation period. However, provisional payments may be made under the conditions defined in the second paragraph of article…

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Article R622-8 of the French Commercial code

The official receiver shall rule on the request for substitution made in accordance with the third paragraph of article L. 622-8 after hearing the debtor, the administrator, the creditor in question and the judicial representative, or these summoned by the court clerk. Cancellations and registrations of security interests are requested by the claimant or the beneficiary upon injunction made by the juge-commissaire in his order. The related costs are borne…

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Article R622-9 of the French Commercial code

At the end of each observation period set by the court and, at any time, at the request of the public prosecutor or the official receiver, the debtor shall inform the latter, the administrator if one has been appointed, the official receiver and the auditors of the operating results, the cash flow situation and its ability to meet the debts referred to in I of Article L. 622-17.

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Article R622-10 of the French Commercial code

For the application of the first paragraph of Article L. 622-10, the matter shall be referred to the court by petition. The judgment ordering the partial cessation of activity is communicated to the persons cited in article R. 621-7and mentioned in the registers provided for in the first four paragraphs of Article R. 621-8.

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Article R622-11 of the French Commercial code

For the application of the second and third paragraphs of Article L. 622-10, the matter shall be referred to the court by petition or, where applicable, in the forms and according to the procedure provided for in article R. 631-3 or R. 631-4. The judgment converting the proceedings into a receivership or pronouncing a judicial liquidation is notified to the debtor within eight days of its pronouncement. Where the debtor…

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Article R622-12 of the French Commercial code

The decision by which the court terminates the proceedings pursuant to Article L. 622-12 is immediately followed by an end-of-assignment report filed by the judicial representatives under the conditions of Articles R. 626-39 and R. 626-40. It is communicated to the persons cited in article R. 621-7 and is advertised as provided for in article R. 621-8. Article R. 626-41 is applicable.

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Article R622-13 of the French Commercial code

The court clerk shall notify the co-contractor of the decision of the juge-commissaire granting the administrator the extension provided for in 1° of III of Article L. 622-13. The juge-commissaire declares, at the request of any interested party, the automatic termination of contracts in the cases provided for in III of Article L. 622-13 and in Article L. 622-14, as well as the date of such termination. The request for…

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