Bankruptcy Law

In the absence of a declaration within the time-limit, and in accordance with Article L. 622-26 of the Commercial Code, the creditors are foreclosed: their claim is not extinguished, but they are not admitted to the distributions and dividends. An undeclared claim is not enforceable against the debtor's insolvency procedure. The creditor only recovers his individual right of pursuit in the event o …

Unenforceability of the claim

In the absence of a declaration within the time-limit, and in accordance with Article L. 622-26 of the Commercial Code, the creditors are foreclosed: their claim is not extinguished, but they are not admitted to the distributions and dividends. An undeclared claim is not enforceable against the debtor's insolvency procedure. The creditor only recovers his individual right of pursuit in the event of resolution of the plan . In order not to penalize him excessively, the limitation period for his action for payment is suspended until the closure of the insolvency procedure .

In application of these rules, the creditor's claim for compensation for damages suffered as a result of the debtor's defective performance of the work is inadmissible if he has not declared his claim before the deadline . A syndicate of co-owners who have not declared their claim cannot invoke fraud on the part of the debtor, who would have concealed the opening of the insolvency procedure, as long as the opening judgment was regularly published in the BODACC (Official Bulletin of Civil and Commercial Announcements) . Finally, the action for payment of a creditor who has not declared in time his claim for compensation for the termination of a medical practice contract, concluded before the debtor's insolvency procedure, and who has not been relieved of the foreclosure, is inadmissible .

Cass. com., 9 September 2020, LawLex202100001167JBJ (RJ) ; 3 November 2010, LawLex202100001174JBJ (LJ).

Cass. com., 9 September 2020, cited above.

Cass. com., 6 June 2018, LawLex202100001158JBJ (RJ).

Cass. com., 24 May 2018, LawLex202100001159JBJ (RJ).

Cass. com., 5 October 2010, LawLex202100003328JBJ (RJ).

Bankruptcy Law

167. Unenforceability of the claim

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167. Unenforceability of the claim

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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