Bankruptcy Law

The debtor may exercise his own rights during the safeguard procedure, in particular the remedies. Pursuant to Article L. 661-1, I the debtor may, without the assistance of the receiver who may have been appointed, lodge an appeal or take the case to the appeal court against the decisions ruling on the opening of the safeguard procedure, on the extension  or conversion of the proceedings, on the a …

Exercise of remedies reserved for the debtor

The debtor may exercise his own rights during the safeguard procedure, in particular the remedies. Pursuant to Article L. 661-1, I the debtor may, without the assistance of the receiver who may have been appointed, lodge an appeal or take the case to the appeal court against the decisions ruling on the opening of the safeguard procedure, on the extension  or conversion of the proceedings, on the adoption of the safeguard plan or its rejection , its amendment or its resolution.

In addition, Article L. 661-6, II of the Commercial Code reserves to the debtor and the public prosecutor the right to appeal against judgments relating to the modification of the receiver's mission . Article L. 661-6, III, adds that the debtor may appeal against judgments which adopt or reject the plan for the sale of the business, without having to justify an interest of his own . The debtor may also lodge an appeal alone against the judgment which decides on the resolution of the alienation plan  or request the closure of the safeguard procedure when the difficulties which justified its opening have disappeared .

Under the terms of Article L. 624-3 of the Commercial Code, the appeal against the decisions of the bankruptcy judge in matters of verification and admission of claims is open to the debtor. Thus, the debtor company retains, despite the appointment of a receiver with a mission to assist in all management acts, the right to appeal the decision of the bankruptcy judge to admit a claim to its liabilities . On the other hand, the debtor may not bring actions for recovery of debts .

A debtor may always exercise the remedies alone against a decision which has declared him inadmissible to act when he claims that the nature or scope of the rules relating to divestiture have been violated, provided that he acts against or in the presence of the legal representative . According to the Court of Cassation, it constitutes an abuse of power for the court to declare inadmissible the appeal lodged by a debtor exercising his own right, against a decision of authorization of sale taken by the bankruptcy judge, on the basis of the violation of the nature or the scope of the rules relating to his discharge . Finally, the debtor may, by virtue of his own right, defend himself alone against an action brought against him by the legal representative .

Cass. com., 27 September 2016, LawLex202100001052JBJ (LJ).

Cass. com., 22 May 1990, LawLex202100005047JBJ (RJ).

Cass. com., 8 July 2013, LawLex202100001050JBJ (LJ) ; 17 November 2009, LawLex202100001051JBJ (LJ).

For an application, see Cass. com., 17 July 2001, LawLex202100005049JBJ (RJ).

Cass. com., 12 July 2017, LawLex202100001071JBJ (LJ).

C. com., art. L. 622-12. For an application, see in particular Cass. com., 5 March 2002, LawLex202200000871JBJ (LJ).

Cass. com., 24 January 2018, LawLex202100001048JBJ (S).

Cass. com., 18 September 2012, LawLex202100002129JBJ (LJ).

Cass. com., 14 June 2017, LawLex202100001068JBJ (LJ) ; 2 April 1996, LawLex202100002146JBJ (LJ).

Cass. com., 5 October 2010, LawLex202100001065JBJ (LJ).

Bankruptcy Law

82. Exercise of remedies reserved for the debtor

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82. Exercise of remedies reserved for the debtor

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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