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.
The debtor’s appeal is made by a declaration made or sent by registered letter with acknowledgement of receipt to the registry of the court of appeal. The appeal is lodged, investigated and judged in accordance with the procedure without compulsory representation.
The judgment by which the court opens the compulsory liquidation procedure pursuant to article L. 645-9 automatically terminates the professional recovery procedure without the debts being erased.
If the judgment opening the professional recovery proceedings or closing them is overturned or set aside, the court of appeal may, of its own motion, rule on the application to open the judicial liquidation proceedings.
When the judicial representative or the person chosen on the basis of the first paragraph of II or III of article L. 812-2 has completed his assignment, he shall file an end-of-assignment report with the court clerk’s office, including details of his disbursements, and shall provide the president of the court with a copy of this report and a copy of the report referred to in Article R. 645-13. The…
As soon as the end-of-assignment 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, the court clerk shall send the debtor and the public prosecutor a detailed account of his fees, costs and disbursements drawn up in accordance with the provisions of articles R. 743-140 à R. 743-157. This account is filed with the court…
The court with jurisdiction to rule in the cases provided for in Article L. 651-2 is the court that opened or pronounced the judicial liquidation.
For the application of Article L. 651-2, the matter shall be referred to the court, as the case may be, by writ of summons or in the forms and according to the procedure provided for in Article R. 631-4.
Judgments handed down pursuant to article L. 651-2 are communicated by the registrar to the public prosecutor.
For the application of article L. 651-3, the formal notice given to the court-appointed agent to initiate the liability action is delivered by at least two supervising creditors. Their action is admissible only if this formal notice, sent to the judicial representative by registered letter with acknowledgement of receipt, has remained unsuccessful for two months from receipt of the formal notice. .
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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