Bankruptcy Law

Creditors must declare all claims that have arisen, even if they are not yet due on the date of the declaration. Those claims that are not established by a title and whose amount is not yet fixed, are declared on the basis of an evaluation. The creditor must, in this task, show restraint, because case-law considers that a creditor's declaration is abusive where he declares a claim to the insolvenc …

Nominal amount and interest

Creditors must declare all claims that have arisen, even if they are not yet due on the date of the declaration. Those claims that are not established by a title and whose amount is not yet fixed, are declared on the basis of an evaluation. The creditor must, in this task, show restraint, because case-law considers that a creditor's declaration is abusive where he declares a claim to the insolvency procedure with the possible extent of his loss resulting from the malfunctioning of the equipment delivered by the latter .

Article L. 622-25 of the Commercial Code specifies that the declaration must state the amount of the claim due on the day of the opening judgment, with an indication of the amounts to be due and the dates on which they fall due. It must also contain the method of calculation of interest to be due, and this indication is equivalent to a declaration for the amount subsequently fixed . The mere mention, in a statement of claim, of the principal amount of the claim “plus interest”  , or of “interest under Article L. 622-28 of the Commercial Code ” , cannot, in the absence of any details on the method of calculating the interest in the statement or by express reference to an attached document, be considered as a statement of interest whose rate has not yet been fixed.

A claim is extinguished when the creditor, who merely asks for the payment of a monthly instalment in his declaration of claim, does not unequivocally express his intention to claim the arrears of the annuity by specifying the amounts and the date of their due dates . In addition, a claim for interest, the course of which has not yet been determined, relating to a current account debt prior to the opening judgment, which has not been declared as a liability to the debtor's insolvency procedure, is not enforceable against the debtor, during and after the execution of the plan, when the commitments set out in the plan or decided by the court have been fulfilled .

Cass. com., 8 January 2002, LawLex202100002827JBJ (RJ).

Cass. com., 17 October 2018, LawLex202100002838JBJ (LJ).

Cass. com., 22 March 2017, LawLex202100002833JBJ (RJ).

Cass. com., 28 February 1995, LawLex202100002295JBJ (RJ).

Cass. com., 27 September 2017, LawLex202100002832JBJ (RJ).

Bankruptcy Law

150. Nominal amount and interest

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150. Nominal amount and interest

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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