Chapter V: Professional recovery

The judicial representative or the person chosen on the basis of the first paragraph of II or III of article L. 812-2 informs, by registered letter with acknowledgement of receipt, of the opening of the professional recovery procedure, the guarantors and the persons who are co-obligated or who have granted a personal surety or who have assigned an asset as a guarantee, the existence of which has been brought to…

At any time during the investigation, the judicial representative or the person chosen on the basis of the first paragraph of II or III of article L. 812-2 who encounters a difficulty, may request by simple letter that the assigned judge set a time limit for responding to requests for information made pursuant to Article L. 645-5.

The report of the judicial representative or the person chosen on the basis of the first paragraph of II or III of article L. 812-2 is forwarded by the latter to the judge assigned to the case and to the public prosecutor.

After obtaining the opinion of the public prosecutor, the assigned judge files his report with the court registry no later than three days before the hearing. However, where an application is made to open judicial liquidation proceedings pursuant to the provisions of Article L. 645-9, the report may be filed and brought to the debtor’s attention on the day of the hearing.

The application made by the debtor pursuant to the second paragraph of Article L. 645-9 is filed by the debtor at the court registry. The assigned judge who refers the case to the court in accordance with Article L. 645-10 has the clerk of the court’s office summon the debtor to appear within the time limit he sets, by registered letter with acknowledgement of receipt. The court clerk shall inform…

The judge assigned may not sit on the panel or take part in its deliberations, failing which the judgment will be null and void.

The closure judgement includes a quantified statement of the claims written off with an indication, as appropriate, of the name or designation and domicile or registered office of the creditors. It results in the lapse of the application to open the judicial liquidation proceedings.

The closing judgement is notified to the debtor and communicated to the public prosecutor by the court clerk. At their request, creditors whose debts are wiped out may obtain a certified extract of the judgment from the court clerk.

A notice of the closure judgment is sent for insertion in the Bulletin officiel des annonces civiles et commerciales. This insertion shall contain an indication of the name of the debtor, his business address, his unique identification number and, if applicable, the name of the registry or the regional chamber of trades and crafts to which he is subject, the activity carried on and the date of the judgment and…

Articles R. 643-21 and R. 643-22 are applicable when the court pronounces the closure of the professional recovery procedure without liquidation. The judicial representative or the person chosen on the basis of the first paragraph of II or III of Article L. 812-2 performs the functions assigned by article R. 643-21 to the liquidator.