Bankruptcy Law

According to Article L. 622-7, II of the Commercial Code, “[t]he bankruptcy judge  may authorize the debtor to make a disposal outside the day-to-day management of the business”. The obligation of the debtor to obtain the authorization of the bankruptcy judge applies whether or not the assets and liabilities he intends to dispose of are attached to the operation of his business . The bankruptcy ju …

Acts of disposal subject to authorization by the bankruptcy judge

According to Article L. 622-7, II of the Commercial Code, “[t]he bankruptcy judge  may authorize the debtor to make a disposal outside the day-to-day management of the business”. The obligation of the debtor to obtain the authorization of the bankruptcy judge applies whether or not the assets and liabilities he intends to dispose of are attached to the operation of his business . The bankruptcy judge  may not issue this authorization by simple letter, unless he disregards the scope of his powers . The bankruptcy judge decides by ordinance on the applications submitted to him.

The distribution of dividends to the shareholders of the debtor company , the exercise of the tenant's right of substitution for the purchaser , or the termination of the lease of the premises used for the operation of the debtor's business  are acts of disposal that are not part of day-to-day management. Similarly, the allocation of funds for the acquisition of a building , the conclusion of a promise to sell , the sale of a building belonging to the debtor's personal assets or liabilities , or the transfer of rights arising from a leasing contract  constitute acts of disposal outside the day-to-day management of the business. On the other hand, the conclusion of an employment contract does not constitute an act of disposal that would require the prior authorization of the bankruptcy judge .

Article L. 622-7, II specifies that if the act requested is likely to have a decisive impact on the outcome of the procedure, the bankruptcy judge may only give a ruling after having obtained the opinion of the public prosecutor. An ordinance adopted in violation of this substantial formality is liable to be annulled for abuse of power .

Cass. com., 9 June 1992, LawLex202100002262JBJ (RJ).

Cass. 1re civ., 27 January 2004, LawLex202100005068JBJ (RJ).

CA Toulouse, 9 May 2018, LawLex202200000704JBJ.

CA Versailles, 18 June 2018, LawLex202200000713JBJ (S).

Cass. com., 8 September 2021, LawLex202200000503JBJ (RJ).

Cass. 1re civ., 27 January 2004, cited above.

Cass. 3e civ., 29 September 2016, LawLex202100002271JBJ (RJ).

CA Versailles, 15 January 1998, LawLex202200000192JBJ (RJ).

Cass. com., 4 November 2014, LawLex202100005069JBJ (RJ).

Cass. soc., 17 October 2006, LawLex202100002257JBJ (RJ).

Bankruptcy Law

85. Acts of disposal subject to authorization by the bankruptcy judge

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85. Acts of disposal subject to authorization by the bankruptcy judge

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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