Bankruptcy Law

The opening of an insolvency procedure is only a prerequisite for prosecution on the grounds of bankruptcy , so that a manager who continues to operate after the court ruling on a court-supervised liquidation, despite the liquidator's injunctions, and objects to the keeping of an inventory of her assets, may be prosecuted on the grounds of bankruptcy fraud through misappropriation or concealment o …

Temporal element

The opening of an insolvency procedure is only a prerequisite for prosecution on the grounds of bankruptcy , so that a manager who continues to operate after the court ruling on a court-supervised liquidation, despite the liquidator's injunctions, and objects to the keeping of an inventory of her assets, may be prosecuted on the grounds of bankruptcy fraud through misappropriation or concealment of assets, even if the decision opening the insolvency procedure is not yet final .

While the date of the cessation of payments has no impact on the characterization of the offenses of bankruptcy through the use of ruinous means  or through the keeping of manifestly irregular accounts or the absence of accounts, which may be retained indiscriminately for acts committed before or after the cessation of payments , only acts committed after the date of the cessation of payments may constitute the offense of bankruptcy through the keeping of manifestly incomplete accounts . However, contrary to the solutions applicable to actions for the payment of insufficient assets, the criminal court may define a different date for the cessation of payments from that used by the court in the insolvency procedure .

Cass. crim., 23 May 2013, LawLex202100001896JBJ (LJ).

Cass. crim., 24 March 2010, LawLex202100001986JBJ (LJ).

Cass. crim., 21 septembre 1994, LawLex202100002004JBJ (RJ), considering that bankruptcy through the use of ruinous means is constituted, independently of the date of cessation of payments, when a de facto manager takes out loans which have generated ruinous financial costs despite an operating deficit concealed by accounting entries, in order to avoid the opening of the procedure.

Cass. crim., 25 November 2020, LawLex202100005849JBJ (RJ).

Cass. crim., 19 November 2008, LawLex202300008725JBJ (RJ).

Cass. crim., 23 May 2013, LawLex202100001896JBJ (LJ), 18 November 1991, LawLex202100002030JBJ (RJ).

Bankruptcy Law

1035. Temporal element

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1035. Temporal element

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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