Bankruptcy Law

Maintenance claims are expressly excluded from the obligation to declare  since the Ordinance of 18 December 2008 . Indeed, these claims, even if they are prior to the opening judgment, are not subject to the prohibition of payments and must be paid out of funds that are still at the disposal of the debtor, or be recovered through the direct payment procedure or the public recovery of maintenance  …

Exclusion of maintenance claims

Maintenance claims are expressly excluded from the obligation to declare  since the Ordinance of 18 December 2008 . Indeed, these claims, even if they are prior to the opening judgment, are not subject to the prohibition of payments and must be paid out of funds that are still at the disposal of the debtor, or be recovered through the direct payment procedure or the public recovery of maintenance payments .

The claim arising from the compensatory allowance, which is partly of a maintenance nature, does not have to be declared as a liability of the debtor subject to the insolvency procedure and is thus not extinguished for lack of declaration . Nevertheless, the creditor of a compensatory allowance, who could be paid outside the procedure, may also be admitted to the distributions, but on the condition that he declares his claim .

Ordinance No 2008-1345 of 18 December 2008 reforming the law on companies in difficulty.

See Cass. com., 8 October 2003, (LawLex not found in English); Cass. 1re civ., 23 May 2006, (LawLex not found in English), with respect to the claim arising from the alimony.

Cass. com., 1st February 2005, (LawLex not found in English) ; 8 October 2003, (LawLex not found in English).

Cass. com., 13 June 2019, (LawLex not found in English).

Bankruptcy Law

146. Exclusion of maintenance claims

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Les notions juridiques connexes

146. Exclusion of maintenance claims

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise