After the draft plan has been filed with the registry by the debtor, the court shall rule in the light of the official receiver’s report.
An accelerated safeguard procedure is hereby instituted, subject to the rules of this title and the provisions of this chapter. The provisions of III and IV of Article L. 622-13 and those of Sections 3 and 4 of Chapter IV shall not apply to it. The accelerated safeguard procedure is opened at the request of a debtor involved in a conciliation procedure who can prove that he has drawn up…
The court shall rule on the initiation of proceedings after a report from the conciliator on the progress of the conciliation and the prospects for adoption of the draft plan by the affected parties concerned. It may obtain communication of the documents and deeds relating to the conciliation and, where applicable, to the ad hoc mandate, notwithstanding the provisions of article L. 611-15. The opening of proceedings is examined by…
The court appoints one or more court-appointed administrators. Where the conciliator is registered on the list provided for in Article L. 811-2 or on the list provided for in Article L. 812-2, the court shall designate him either as a court-appointed administrator or as a court-appointed agent, depending on the profession he practises. By a specially reasoned decision, it may appoint another person under the conditions set out in these…
Where the debtor is not subject to the obligation to constitute classes of affected parties provided for in Article L. 626-29, the opening of accelerated safeguard proceedings is subject to such constitution. To this end, the court shall order their constitution in the opening judgment.
The Public Prosecutor shall refer the matter to the court for the purpose of terminating the accelerated safeguard procedure if it is established that the debtor had been in cessation of payments for more than forty-five days when it sent or delivered the petition referred to in Article L. 611-6.
The opening of accelerated safeguard proceedings only has effect in respect of the parties mentioned in Article L. 626-30 directly affected by the draft plan mentioned in the second paragraph of Article L. 628-1.
Without prejudice to Article L. 622-6, the debtor draws up a list of the claims of each affected party having participated in the conciliation that must be the subject of the declaration provided for in the first paragraph of Article L. 622-24. This list includes the information provided for in the first two paragraphs of article L. 622-25 and, where applicable, the subordination agreements brought to the debtor’s attention by…
The court adopts the plan under the conditions set out in articles L. 626-31 and L. 626-32 within two months of the opening judgment. At the request of the debtor and the insolvency administrator, the court may extend this period without the total duration of the proceedings exceeding four months. If the plan is not approved within this period, the court shall terminate the proceedings. The provisions of the fourth…
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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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