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Article R622-24 of the French Commercial code

The declaration period set pursuant to article L. 622-26 is two months from the publication of the opening judgment in the Bulletin officiel des annonces civiles et commerciales. The same period applies to the information provided for in the third paragraph of article L. 622-24. When the proceedings are opened by a court that has its registered office in the territory of metropolitan France, the declaration period is increased by…

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Article R622-25 of the French Commercial code

When the official receiver has relieved the creditor of its foreclosure after the filing of the list of claims provided for in Article L. 624-1 and its decision has become final, it shall rule on the claim under the conditions of Article L. 624-2. A note is made by the court clerk on the statement of claims. The costs of the foreclosure relief proceedings are borne by the defaulting creditor….

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Article R622-26 of the French Commercial code

Litigation and civil enforcement proceedings suspended pursuant to the second paragraph of Article L. 622-28 shall be pursued on the initiative of the creditors benefiting from guarantees mentioned in the last paragraph of this article on proof of the judgment adopting the plan, in accordance with the provisions applicable to the enforceability of this plan against the guarantors. In application of the third paragraph of Article L. 622-28, these creditors…

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Article R624-1 of the French Commercial code

The verification of claims is carried out by the mandataire judiciaire, the debtor and, where applicable, the designated auditors, present or duly summoned. If a claim other than that mentioned in article L. 625-1 is discussed, the mandataire judiciaire shall notify the creditor or its agent by registered letter with acknowledgement of receipt. The thirty-day period provided for in article L. 622-27 short from receipt of the letter. This letter…

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Article R624-2 of the French Commercial code

The list of claims containing the information provided for in article L. 622-25 and in article R. 622-23 together with the proposals of the mandataire judiciaire and the observations of the debtor, with an indication of their date, is filed with the court registry to be remitted without delay to the juge-commissaire. It shall be communicated to the administrator, if one has been appointed, and, where applicable, to the commissaire…

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Article R624-3 of the French Commercial code

Decisions to admit claims without objection are evidenced by the official receiver’s signature on the list of claims drawn up by the mandataire judiciaire. The court clerk notifies the creditors or their agent of this admission by simple letter. These notices shall specify the amount for which the claim is admitted and the securities attached to it and shall reproduce the provisions of the articles L. 622-27 and L. 624-3….

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Article R624-4 of the French Commercial code

When the jurisdiction of the official receiver is challenged or when the official receiver raises his lack of jurisdiction of his own motion, or in the presence of a serious challenge, the court clerk shall summon the debtor, the creditor, the judicial representative and the administrator, where one has been appointed, by registered letter with acknowledgement of receipt. The summons to the creditor reproduces the provisions of the second paragraph…

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Article R624-5 of the French Commercial code

Where the official receiver declares himself incompetent or establishes the existence of a serious dispute, he shall, by specially reasoned order, refer the parties to a better court and invite, as the case may be, the creditor, the debtor or the judicial representative to refer the matter to the competent court within a period of one month from notification or receipt of the notice issued for this purpose, on pain…

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