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Article R641-26 of the French Commercial code

Litigation and civil enforcement proceedings suspended pursuant to the second paragraph of Article L. 622-28 shall be pursued at the initiative of the creditors benefiting from guarantees mentioned in the last paragraph of this article upon proof of the judgment pronouncing the compulsory liquidation. In application of the third paragraph of Article L. 622-28, these creditors may take protective measures under the conditions provided for in articles R. 511-1 et…

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Article R641-27 of the French Commercial code

The liquidator, within two months of taking up his duties, shall submit to the official receiver a statement mentioning the valuation of the assets and the preferential and unsecured liabilities. In the light of this statement and after having heard the liquidator’s observations, the official receiver shall decide whether or not there are grounds, in accordance with Article L. 641-4, to initiate or continue the verification of unsecured claims.

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Article R641-29 of the French Commercial code

When the compulsory liquidation is ordered during safeguard or receivership proceedings, the liquidator shall complete the list of claims mentioned in Article R. 624-2. He deposits the completed list at the court registry. Any creditor may consult it.

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Article R641-30 of the French Commercial code

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.

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Article R641-31 of the French Commercial code

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…

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Article R641-32 of the French Commercial code

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…

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Article R641-32-1 of the French Commercial code

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.

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Article R641-33 of the French Commercial code

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.

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