If there is no dispute, the liquidator is required to close the order within fifteen days of the expiry of the period provided for in the first paragraph of article R. 643-11. He shall file the minutes of the closure of the order at the registry of the court before which the judicial liquidation proceedings were conducted. As from the filing of the minutes of the closure of the order,…
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…
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….
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.
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…
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.
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.
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.
For the purposes of this section, in the event of the return to the liquidator of a letter of notification which could not be delivered to its addressee, the liquidator shall proceed by way of service.
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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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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