Chapter III: Discharge of liabilities.

Where the sale is pursued by a creditor pursuant to article L. 643-2, the reserve price is set by the juge-commissaire in agreement with the pursuing creditor.

The official receiver, on receiving an application from a creditor on the basis of article L. 643-3, shall rule after receiving the opinion of the liquidator in the light of the documents supporting the definitive admission of the claim for which provisional payment is requested and, where applicable, the guarantee provided for in the second paragraph of the aforementioned article. The provisional payment shall be allocated up to an amount…

The successful bidder shall have the auction deed or judgement published at the land registry within two months of its date and, in the event of an appeal, within two months of the confirmatory judgement, failing which the auction shall be repeated at the behest of the liquidator. Within three months of the auction, the successful bidder shall pay into the deposit account opened by the liquidator at the Caisse…

As soon as the sale is published, the liquidator shall request from the land registry service a statement of the subsisting registrations in accordance with Article 2449 of the Civil Code, with a view to settling the order between the creditors and proceeding with the distribution of the price. In the event of a sale by mutual agreement, the liquidator, either ex officio or at the request of the purchaser…

Creditors registered on behalf of a previous owner and holding a resale right or on behalf of the entrepreneur on an asset included in the assets in question as security for a claim affecting another asset shall be notified by the liquidator by registered letter with acknowledgement of receipt that they have an obligation to lodge their claim with the order procedure within two months of the notification. This notice…

After payment of the sale price in the case of an auction or completion by the purchaser of the purging formalities in the case of a private sale, the liquidator shall draw up the statement of collocation in the light of the registrations, the admitted claims and the list of claims mentioned in Article L. 641-13. He may, if he deems it useful, summon the registered creditors, the successful bidder…

If there is no dispute, the liquidator is required to close the order within fifteen days of the expiry of the period provided for in the first paragraph of article R. 643-11. He shall file the minutes of the closure of the order at the registry of the court before which the judicial liquidation proceedings were conducted. As from the filing of the minutes of the closure of the order,…

When the sale price has been paid in accordance with the procedures set out in article R. 643-3 and creditors have not discharged their registrations, the liquidator shall have the registrations cancelled. To this end, the liquidator applies to the enforcement judge of the court before which the judicial liquidation proceedings took place or in whose jurisdiction the proceedings took place. He shall attach to his application the statement of…

The liquidator remits to the land registry service a copy of the minutes of the closure of the order, the order of the order judge pronouncing the cancellation of the registrations or the deed by which the creditors have discharged their registrations. The service de la publicité foncière shall proceed with the cancellation of the registrations but remains obliged to proceed with the definitive registration provided for in articles R….

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.