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Article R643-8 of the French Commercial code

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…

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Article R643-9 of the French Commercial code

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….

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Article R643-10 of the French Commercial code

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.

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Article R643-11 of the French Commercial code

Disputes shall be lodged within thirty days of the date of insertion in the Bulletin officiel des annonces civiles et commerciales advising of the filing of the statement of collocation. They are made by petition delivered or addressed to the registry of the enforcement judge of the judicial court before which the judicial liquidation proceedings were conducted or in whose jurisdiction the proceedings were conducted. The challenge is, on pain…

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Article R643-12 of the French Commercial code

In the event of a dispute, the liquidator may nevertheless settle the order and issue payment vouchers for claims prior to those that are disputed. He may even settle the order for later claims, reserving a sufficient sum for the disputed claims.

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Article R643-13 of the French Commercial code

Within eight days of the expiry of the time limit for appeal and in the event of an appeal within eight days of service of the judgment, the liquidator shall finally settle the order of disputed claims and subsequent claims in accordance with Articles R. 643-7 to R. 643-10.

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Article R643-14 of the French Commercial code

In the event of an auction on the reiteration of bids occurring during the course of the order and even after the final settlement, the liquidator shall amend the statement of collocation, the amount of the sums due to the creditors entered in the minutes of the order in accordance with the results of the auction and make the corresponding payments.

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Article R643-16 of the French Commercial code

Insufficient assets are characterised when the proceeds from the realisation of the debtor’s assets and the actions and proceedings taken in the interest of the company or the creditors are no longer sufficient to pay off the creditors, even partially.

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Article R643-17 of the French Commercial code

The court clerk, no later than two months before the expiry of the time limit set by the court, pursuant to the first paragraph of Article L. 643-9, for the review of the closure of the proceedings, shall summon the debtor to attend by writ issued by a bailiff. He shall notify the liquidator and the auditors of the date of the hearing. When the fourth paragraph of the same…

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