The costs of the distribution procedure, with the exception of those of disputes or claims, shall be advanced by the party requesting the distribution and deducted in priority to all others.
The procedure for the distribution of the price of an immovable governed by this Title applies, unless otherwise provided, to the distribution among creditors of the price of an immovable sold without any execution proceedings, after the purging of registrations. In this case, the procedure is pursued by the most diligent party before the court. The court appoints a receiver of the funds, unless deposit with the Caisse des dépôts…
In the month following publication of the title deed, the pursuing creditor, or failing that the most diligent creditor or the debtor, summons the creditors holding a published security interest in an immovable by destination mentioned in article L. 331-1 to declare their claim. This summons shall contain, under penalty of being declared null and void: 1° A copy of the summons to pay valid as a seizure of property;…
The period within which the creditor holding a published security interest in the immovable by destination must declare his claim is two months from the date of the summons served on him. The declaration is made by a lawyer’s deed deposited at the registry of the execution judge and notified on the same day or the first working day following this declaration to the pursuing creditor and to the debtor,…
Where there is only one creditor meeting the conditions set out in article L. 331-1, that creditor shall send a request for payment of its claim by registered letter with acknowledgement of receipt to the escrow agent or the Caisse des dépôts et consignations within two months of publication of the title de vente. The request for payment must state the reasons on which it is based. If the distribution…
Where there are several creditors meeting the conditions of article L. 331-1, the pursuing party shall, within two months of publication of the sale document, notify a request for an updated statement of claims to the registered creditors and, if it is aware of them, to the creditors listed inarticle 2377 of the Civil Code. The updated statement of claims shall be submitted in the form of a lawyer’s opinion…
The pursuing party draws up a distribution plan. To this end, it may summon the creditors.
The draft distribution is drawn up and notified to the creditors mentioned in articles R. 332-2 and R. 331-4, to the debtor and, by registered letter with acknowledgement of receipt, to the managing agent who has lodged the objection provided for inarticle 20 of law no. 65-557 of 10 July 1965 establishing the status of co-ownership of built-up properties, within one month of the expiry of the period given to…
The notification shall state, on pain of nullity: 1° That a reasoned objection may be lodged with the pursuing party by way of a lawyer’s deed, accompanied by the necessary supporting documents; 2° That if no objection is lodged within fifteen days of receipt of the notification, the draft is deemed to have been accepted and that it will be submitted to the enforcement judge for approval.
If no objection or claim is lodged within fifteen days of receipt of the notification, the pursuing party or, failing this, any party to the proposed distribution shall apply to the court for its approval. On pain of inadmissibility, the application must be made within one month of the expiry of the previous time limit. The enforcement judge confers enforceability on the proposed distribution after verifying that all creditors who…
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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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