Bankruptcy Law

The action to obtain discharge from foreclosure may only be brought within the six-month period provided for in Article L. 622-26(3) of the Commercial Code, which runs from the publication of the opening judgment, without distinction as to whether the creditor is established in France or abroad .
It expires on the day of the last year bearing the same date as the day of the decision . For the guar …

Fixed deadline

The action to obtain discharge from foreclosure may only be brought within the six-month period provided for in Article L. 622-26(3) of the Commercial Code, which runs from the publication of the opening judgment, without distinction as to whether the creditor is established in France or abroad .

It expires on the day of the last year bearing the same date as the day of the decision . For the guarantee institutions against the risk of non-payment of wages, mentioned in Article L. 3253-14 of the Labor Code, the time-limit runs from the expiry of the period during which the claims resulting from the employment contract are guaranteed by these institutions; for the holders of a published security or bound to the debtor by a published contract, it runs from the receipt of the notice given to them.

The starting point of the period for action is postponed, for creditors who can prove that they were unable to know the debtor's obligation before the expiry of the six-month period, to the date on which it is established that they could not have been unaware of the existence of their claim. Initially extended to one year, the time-limit applicable to unaware creditors was reduced to six months by the Ordinance of 12 March 2014 . Article L. 622-26(3) which does not exclude any creditor who is unable to find out about the existence of his claim within six months from the benefit of the additional period granted to act in order to have the foreclosure lifted, does not violate any constitutional principle . In application of these provisions, an action to obtain discharge from foreclosure, brought after the fixed deadline , is inadmissible if the creditor knew indisputably of his claim  and had received a letter from the legal representative informing him of his possible status as a creditor . Similarly, the Trésor's application for relief from foreclosure, submitted out of time, must be declared inadmissible where the State had sufficient means and time to make its declaration in accordance with the rules of national law . This is the case of the State which, seeking to recover its claim on a debtor in insolvency procedure, to whom it had granted illegal aid, had sufficient means and time to make its claim declaration in accordance with the rules of national law after the notification of the Commission's decision, without this resulting in an infringement of Union law .

Cass. com., 16 November 2010, LawLex202100001178JBJ (LJ).

Cass. com., 6 February 1996, LawLex202100002299JBJ (LJ).

Ordinance No. 2014-326 of 12 March 2014, reforming the prevention of business difficulties and insolvency proceedings, OJ No. 62 of 14 March 2014.

Cass. com., 5 September 2013, LawLex202100001180JBJ (RJ).

Cass. com., 1st July 1997, LawLex202100001176JBJ (RJ).

Cass. com., 1st October 2013, LawLex202100002300JBJ (RJ).

Cass. com., 5 February 2013, LawLex202100002301JBJ (LJ).

Cass. com., 26 February 2013, LawLex202100003120JBJ (LJ).

Cass., com., 11 December 2012, LawLex201200002460JBJ (LJ) ; 23 April 2013, LawLex202100002811JBJ (LJ).

Bankruptcy Law

171. Fixed deadline

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Les notions juridiques connexes

171. Fixed deadline

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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