Legislative part

The declaration of claim interrupts the statute of limitations until the proceedings are closed; it dispenses with any formal notice and is equivalent to an act of prosecution.

In the absence of a declaration within the time limits provided for in Article L. 622-24, creditors shall not be admitted to distributions and dividends unless the official receiver relieves them of their foreclosure if they establish that their default is not due to their fault or that it is due to an omission by the debtor when drawing up the list provided for in the second paragraph of l’article…

If there is a discussion on all or part of a claim other than those mentioned in Article L. 625-1, the judicial representative shall notify the interested creditor, inviting him to make his explanations known. Failure to respond within thirty days prohibits any subsequent challenge to the mandataire judiciaire’s proposal, unless the discussion relates to the regularity of the declaration of claims.

The opening judgment shall stop the accrual of legal and contractual interest, as well as all late payment interest and surcharges, unless it concerns interest resulting from loan contracts concluded for a term equal to or greater than one year or contracts with a deferred payment of one year or more. Natural persons who are co-obligated or who have granted a personal guarantee or who have assigned or transferred an…

The opening judgment does not render due and payable claims that have not fallen due on the date of its pronouncement. Any clause to the contrary is deemed unwritten.

Mortgages, pledges and liens may no longer be registered after the opening judgment. The same applies to deeds and judicial decisions transferring or constituting rights in rem, unless these deeds have acquired date certain or these decisions have become enforceable before the opening judgment. However, the Treasury retains its lien for claims that it was not required to register on the date of the opening judgment and for claims collected…

A creditor who is the holder of commitments jointly and severally subscribed, endorsed or guaranteed by two or more co-obligors subject to a safeguard procedure may declare his claim for the nominal value of his security in each procedure.

No recourse for payments made shall be open to the co-obligors subject to safeguard proceedings against each other unless the aggregate of the sums paid under each procedure exceeds the total amount of the claim, in principal and accessory; in this case, this surplus shall devolve, according to the order of commitments, to those of the co-obligors who would have the others as guarantors.

If the creditor holding commitments, jointly and severally subscribed by the debtor subject to safeguard proceedings and other co-obligated persons, has received an advance payment on his claim before the opening judgment, he may only declare his claim after deduction of this advance payment and retains, on what remains due to him, his rights against the co-obligated persons or persons having granted a personal surety or having assigned or transferred…

Even before payment, persons who are co-obligated or have granted a personal surety or have assigned or transferred an asset as collateral may proceed with the declaration of their claim to safeguard their personal recourse.