Bankruptcy Law

The appeal against the judgment approving the conciliation agreement is open to the public prosecutor and, in the event of a dispute relating to the new money privilege, to the parties to the agreement . It is filed, investigated and judged according to the rules of the procedure without compulsory representation . The 10-day time-limit for lodging an appeal does not apply if the notification of the approval judgment does not mention, or mentions in an inaccurate manner, the available means of appeal, the time-limit for taking action or the procedures for exercising the action .

The judgment rejecting the homologation is also subject to appeal. The appeal is filed, investigated and judged according to the rules of procedure in non-contentious matters, except that the parties are exempted from the requirement to be represented by a lawyer .

The third-party application is also open to non-signatory creditors, if they have not been heard by the court and/or if the agreement affects their interests .

CA Montpellier, 2 February 2010, LawLex202100003606JBJ.

CA Pau, 15 July 2010, LawLex202100003610JBJ.

33. Appeal of the approval judgment