The liquidator shall set the costs of striking off the register and prosecuting the order, which shall be collated in accordance with the rules set out in article L. 641-13. It also settles the costs of each creditor ranked in the appropriate order, determines the sums owed to them and makes payment.
Disputes shall be lodged within thirty days of the date of insertion in the Bulletin officiel des annonces civiles et commerciales advising of the filing of the statement of collocation. They are made by petition delivered or addressed to the registry of the enforcement judge of the judicial court before which the judicial liquidation proceedings were conducted or in whose jurisdiction the proceedings were conducted. The challenge is, on pain…
In the event of a dispute, the liquidator may nevertheless settle the order and issue payment vouchers for claims prior to those that are disputed. He may even settle the order for later claims, reserving a sufficient sum for the disputed claims.
Within eight days of the expiry of the time limit for appeal and in the event of an appeal within eight days of service of the judgment, the liquidator shall finally settle the order of disputed claims and subsequent claims in accordance with Articles R. 643-7 to R. 643-10.
In the event of an auction on the reiteration of bids occurring during the course of the order and even after the final settlement, the liquidator shall amend the statement of collocation, the amount of the sums due to the creditors entered in the minutes of the order in accordance with the results of the auction and make the corresponding payments.
For the purposes of this section, in the event of the return to the liquidator of a letter of notification which could not be delivered to its addressee, the liquidator shall proceed by way of service.
Insufficient assets are characterised when the proceeds from the realisation of the debtor’s assets and the actions and proceedings taken in the interest of the company or the creditors are no longer sufficient to pay off the creditors, even partially.
The court clerk, no later than two months before the expiry of the time limit set by the court, pursuant to the first paragraph of Article L. 643-9, for the review of the closure of the proceedings, shall summon the debtor to attend by writ issued by a bailiff. He shall notify the liquidator and the auditors of the date of the hearing. When the fourth paragraph of the same…
The court shall rule on the closure of the proceedings on the liquidator’s report. Where applicable, the liquidator shall be appointed to carry out the mission provided for in the third paragraph of Article L. 643-9 unless a conflict of interest exists. By reasoned decision, the court may, at the request of the debtor or the Public Prosecutor, appoint another person under the conditions provided for in Article L. 812-2….
Within two months of the completion of his assignment, the liquidator shall file an end-of-assignment report under the conditions set out in Articles R. 626-39 and R. 626-40. Article R. 626-41 is applicable. When the judicial liquidator has been informed of the implementation of an administrative tax assessment procedure, he shall inform the competent public accountants by registered letter with acknowledgement of receipt at least fifteen days before the date…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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