The debtor’s spouse must be heard or duly summoned before any decision ordering or authorising the sale of community property. Where, in the course of the proceedings, the dissolution of the community existing between the debtor and his spouse becomes enforceable against third parties, that spouse shall be heard or duly summoned before any decision ordering or authorising the sale of undivided property.
I.-Articles R. 624-13 to R. 624-15 shall apply to judicial liquidation proceedings subject to the following provisions: The application made on the basis of articles L. 624-9, L. 624-10, L. 624-18 or L. 624-19 shall be sent to the liquidator. The applicant shall send a copy to the court-appointed administrator, if one has been appointed. Even in the absence of a prior request for restitution, the juge-commissaire may be seized…
Property that is not the subject of a claim for restitution may be sold in accordance with the forms provided for in Title IV of Book VI of the legislative part of this code on expiry of a period of one month after formal notice has been sent to the owner. This formal notice, which may be sent as soon as the proceedings are opened, is sent by the liquidator…
The property mentioned in article L. 624-19 which is not the subject of a repossession under the conditions provided for by this text may be sold. The provisions of the first paragraph of article R. 641-32 are applied when this property is the subject of a published contract.
Articles R. 625-1 to R. 625-7 are applicable to judicial liquidation proceedings. The liquidator performs the functions assigned by these provisions to the mandataire judiciaire. He fulfils the obligation imposed on the debtor by the second paragraph of article R. 625-1.
Where proceedings are pending before the industrial tribunal on the date of the judgment opening the compulsory liquidation, information relating to the subject matter and circumstances of the dispute and supporting documents shall be sent by the liquidator to the institutions mentioned in Article L. 143-11-4 of the Labour Code, brought before the industrial tribunal in accordance with article L. 641-14 of this code.
Unless otherwise provided in this Title, the regulatory provisions relating to actions that fall within the jurisdiction of the mandataire judiciaire shall apply when they are pursued or brought by the liquidator in accordance with Article L. 641-4. The provisions of articles R. 624-17 and R. 624-18 are also applicable when the formal notice is made by the liquidator.
Where the debtor practises a liberal profession subject to a legislative or regulatory status or whose title is protected, the court shall designate, when the proceedings are opened, the representative of the professional order or competent authority to which, where applicable, the debtor is subject, for the purpose of exercising the acts of the profession. This representative may delegate this task to one of the members of the profession, whether…
The liquidator may operate the debtor’s bank accounts under his signature for a period of six months from the judgment pronouncing the liquidation or, beyond that, for the duration of the continuation of the business authorised by the court pursuant to article L. 641-10. Subsequent use of these accounts is subject to the authorisation of the juge-commissaire issued after consulting the public prosecutor. In the event of continued operation, this…
In addition to the quarterly information mentioned in article L. 641-7, the liquidator shall submit at any time, at their request, and at least by 31 December each year, to the juge-commissaire and the procureur de la République a liquidation report indicating: 1° The amount of liabilities admitted or, failing that, the status of the verification of claims; 2° The status of asset realisation operations; 3° The status of distribution…
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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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