The conditions and forms of appeal against the decisions of the official receiver taken pursuant to articles L. 642-18 and L. 642-19 are set by decree in the Conseil d’Etat.
Asset transfers carried out pursuant to Articles L. 642-18 and L. 642-19 are subject to the prohibitions set out in the first paragraph of Article L. 642-3. However, the juge-commissaire may, at the request of the public prosecutor, derogate from this and authorise the assignment to one of the persons referred to in this text with the exception of the auditors and the debtor in respect of any of his…
If the pledge or the thing legitimately retained is not withdrawn in accordance with the conditions set out in the second paragraph of Article L. 641-3, the liquidator must, within six months of the judgment of compulsory liquidation, apply to the official receiver for authorisation to proceed with the realisation. The liquidator notifies the creditor of the authorisation fifteen days before the realisation. A pledgee, even if not yet admitted,…
I. – The liquidator may not, without the agreement of the debtor, realise assets or rights acquired under a succession opened after the opening or pronouncement of the judicial liquidation, or bring about the division of any joint ownership that may result. II. – At the request of the debtor and with the authorisation of the juge-commissaire or the court, the liquidator may realise assets or rights that make up…
Any sale of a business and any realisation of assets must be preceded by publicity, the terms of which are determined by decree in the Conseil d’Etat according to the size of the business and the nature of the assets to be sold.
Before any sale or destruction of the debtor’s archives, the liquidator shall inform the administrative authority competent for the conservation of archives. This authority shall have a right of pre-emption. The destination of the debtor’s archives subject to professional secrecy shall be determined by the liquidator in agreement with the professional order or competent authority to which the debtor belongs.
The liquidator may, with the authorisation of the juge-commissaire and with the debtor heard or duly summoned, compromise and settle all disputes of collective interest to the creditors, even those relating to rights and actions in immovable property. If the subject of the compromise or settlement is of indeterminate value or exceeds the final jurisdiction of the court, the compromise or settlement shall be subject to approval by the court.
The judgment opening or pronouncing the judicial liquidation renders due and payable the unmatured debts for which the assets seized by virtue of the proceedings constitute the pledge. However, where the court authorises the continuation of the business on the grounds that the transfer of all or part of the business may be envisaged, the unmatured claims shall become due and payable on the date of the judgment ruling on…
Creditors holding a special lien, pledge, collateral security or mortgage and the Treasury for its preferential claims may, once they have declared their claims even if they have not yet been admitted, exercise their right of individual pursuit if the liquidator has not undertaken the liquidation of the encumbered assets within three months of the judgment opening or pronouncing the judicial liquidation. Where the court has set a time limit…
The juge-commissaire may, ex officio or at the request of the liquidator or a creditor, order provisional payment of a share of a claim that has been definitively admitted. This provisional payment may be subject to the presentation by its beneficiary of a guarantee from a credit institution or finance company. In the event that the request for a provisional payment relates to a preferential claim of the financial authorities,…
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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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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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