The court shall rule on the authorisation provided for in Article L. 642-10 at the request of the assignee. The decision is notified to the assignee and communicated to the public prosecutor by the registrar. It is subject to the appeals provided for against decisions amending the transfer plan.
The liquidator points out, in a report sent to the juge-commissaire and the procureur de la République and filed with the court registry, the non-performance of the plan by the assignee. For the application of the second paragraph of article L. 642-11, the assignee is summoned by the court clerk by registered letter with acknowledgement of receipt to be heard by the court. The other persons called to the hearing…
The court shall verify that the conditions required by article L. 642-12 are fulfilled and states in the judgment adopting the plan the securities whose charge is transferred. An extract of the judgment is sent by the registrar to the persons mentioned in Article R. 642-7.
In the case provided for in the third paragraph of article L. 642-12, the assignee must inform the liquidator in advance of any planned disposal of an asset. He must also inform the court if the disposal was not envisaged when his offer was filed under the conditions set out in 7° of II of article L. 642-2. The liquidator, informed by the assignee under the conditions of the first…
In a report sent to the juge-commissaire (official receiver) and the procureur de la République (public prosecutor) and filed with the court registry, the liquidator shall report any damage to the items leased under the management lease and any failure by the lessee-manager to perform his obligations. This report shall set out the tenant-manager’s observations and, where appropriate, propose solutions that would enable the plan to be implemented.
The official receiver who orders, pursuant to Article L. 642-18, the sale of immovable property by judicial or amicable auction determines: 1° The starting price for each of the assets to be sold and the essential conditions of the sale; 2° The advertising procedures, taking into account the value, nature and location of the assets; 3° The procedures for visiting the assets. When the sale is pursued by a creditor,…
The order shall be notified at the instance of the court clerk by registered letter with acknowledgement of receipt to the debtor and to the registered creditors with elected domicile whose names are indicated in the order. The controllers are notified by the court clerk. The order produces the effects of the summons provided for in Article R. 321-1 of the code of civil enforcement procedures; it is published in…
When the official receiver, pursuant to the second paragraph of Article L. 642-18, authorises the liquidator to resume the property seizure procedure suspended by the judgment opening the judicial liquidation proceedings, and sets the price to be paid, the advertising procedures and the procedures for visiting the property. It rules under the conditions provided for in Article R. 642-36-1. The order of the juge-commissaire shall, at the request of the…
The pursuer or the appointed notary shall draw up a book of conditions of sale. By exception to Article R. 322-10 of the Code des procédures civiles d’exécution, the schedule of conditions of sale contains: 1° A statement of the order that ordered the sale with a mention of its publication; 2° A description of the property to be sold, the origin of ownership, the easements encumbering the property, the…
The liquidator may not, in his capacity as agent, be declared the purchaser of the debtor’s immovable property.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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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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