For the application of article R. 622-19, the funds are remitted to the liquidator for distribution. If the judicial liquidation is pronounced during an observation period, the mandataire judiciaire shall remit them to the liquidator for this purpose.
Articles R. 622-21 to R. 622-25 are applicable to the judicial liquidation procedure. The liquidator performs the functions assigned to the mandataire judiciaire by these provisions.
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…
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.
Articles R. 624-1 to R. 624-11 are applicable to judicial liquidation proceedings. The liquidator performs the functions assigned to the mandataire judiciaire by these provisions.
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.
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.
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…
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…
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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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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