Bankruptcy Law

As soon as the procedure are opened, the debtor must provide the receiver and the legal representative with a list of his creditors and the amount of his debts, pursuant to Article L. 622-6(2) of the Commercial Code. When the debtor has brought a claim to the attention of the legal representative, he is presumed to have acted on behalf of the creditor as long as the latter has not sent the declara …

Creditors on the list given to the legal representatives

As soon as the procedure are opened, the debtor must provide the receiver and the legal representative with a list of his creditors and the amount of his debts, pursuant to Article L. 622-6(2) of the Commercial Code. When the debtor has brought a claim to the attention of the legal representative, he is presumed to have acted on behalf of the creditor as long as the latter has not sent the declaration of claim in accordance with Article L. 622-24. In order for this effect to occur, the list drawn up by the debtor must also mention the identity and amount of the claims in question .

Article R. 622-21(1) of the Commercial Code provides that the legal representative, within fifteen days of the opening judgment, shall notify known creditors to declare their claims to him within two months of the publication of the opening judgment in the BODACC (Official Bulletin of Civil and Commercial Announcements). The absence of an invitation to declare a claim by the legal representative of a parent company to its subsidiary has no impact on the failure to declare a claim since the manager of both companies is necessarily aware of the opening of the insolvency procedure . Paragraph 3 of Article R. 622-21 specifies that “[t]he warning of the legal representative shall reproduce the legal and regulatory provisions relating to the time-limits and formalities to be observed for the declaration of claims, for the application for relief from foreclosure and for actions for reclaim and restitution. This warning shall also reproduce Articles L. 621-20, R. 621-19, R. 621-24 and D. 814-58-3. Where applicable, the warning shall specify that the claim has been entered by the debtor on the list provided for in Article L. 622-6 in accordance with the provisions of the second paragraph of Article R. 622-5”.

Finally, a creditor who has not declared his claim within the legal time-limit may ask to be relieved of the foreclosure that he has incurred if the debtor has failed to mention his claim, even if the amount is uncertain, when drawing up the list of creditors .

Cass. com., 5 September 2018, LawLex202100002906JBJ (RJ).

Cass. com., 27 May 2014, LawLex202100005052JBJ (RJ).

Cass. com., 2 February 2022, LawLex202200002086JBJ (LJ).

Bankruptcy Law

155. Creditors on the list given to the legal representatives

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155. Creditors on the list given to the legal representatives

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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