A creditor whose claim has been admitted and who recovers his right of individual pursuit in accordance with Article L. 643-11 may obtain, by order of the president of the court made on application, the title provided for in V of the same article. The guarantor or co-obligor referred to in II of the same article may, under the same conditions, obtain a writ of execution upon proof of the…
If the debtor is subject to a cheque-writing ban imposed pursuant to Article L. 131-73 of the Monetary and Financial Code, the liquidator shall obtain from the Banque de France a statement of the cheque payment incidents recorded in the name of the interested party and, if the debtor is an entrepreneur, of the payment incidents relating to the assets, or assets, that are the subject of the proceedings and…
For the application of article L. 643-12, the debtor shall provide evidence of the suspension of the cheque-writing ban to the credit institution that initiated this measure by submitting a copy of the closing judgement, to which it shall attach a statement of payment incidents. The credit institution that initiated the ban informs the Banque de France of the suspension of the ban for the purpose of regularisation.
If the cheque-writing ban that has been suspended pursuant to Article L. 643-12 resumes its effects following recovery by the creditors of their right of individual pursuit, the enforceable order referred to in V of Article L. 643-11 is notified by the court clerk, at the expense of the pursuing creditor, to the Banque de France, together with the statement of cheque payment incidents referred to in Article R. 643-22.
The court shall rule on the resumption of the judicial liquidation proceedings provided for in Article L. 643-13 after having heard or duly summoned the debtor. The decision to resume proceedings is subject to the notices and publicity provided for in articles R. 621-7 and R. 621-8. It is served on the debtor and, where applicable, notified to the claimant creditor.
Where the decision on the application to the proceedings of the rules of simplified judicial liquidation, provided for in Chapter IV of Title IV of Book VI, falls within the jurisdiction of the president of the court, the latter shall decide ex officio in the light of the liquidator’s report. This decision is a judicial administrative measure not subject to appeal. It is communicated to the debtor and the liquidator…
The statement of claims supplemented by the draft distribution drawn up by the liquidator at the end of the procedure for the verification and admission of claims and the realisation of assets is filed at the registry office where any interested party may examine it. A notice of this filing is published in the Bulletin officiel des annonces civiles et commerciales and in a legal announcement medium. Where the statement…
The decision by which the official receiver rules on challenges to the statement of claims supplemented by the proposed distribution shall be subject to the publicity measures provided for in Article R. 644-2. The court clerk notifies the interested creditors of the decision. The latter may lodge an appeal within the time limits and in accordance with the forms provided for in Article R. 621-21.
When the court considers, pursuant to Article L. 644-6, to no longer apply the rules of simplified judicial liquidation, it shall have the debtor summoned to the hearing by the registrar by registered letter with acknowledgement of receipt. It shall rule in the light of a report from the liquidator. The decision shall be communicated by the registrar to the debtor and the liquidator and forwarded by the latter to…
The realisable value of the assets referred to in the first paragraph of Article L. 645-1 is less than €15,000. These assets are declared in accordance with article R. 640-1-1 .
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is a Registered Trademark of
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182, rue de Rivoli
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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