Bankruptcy Law

Since 2008 , the action for extension of the safeguard procedure has been an established action. Initially reserved for the director, the court-appointed receiver , the public prosecutor or the court, which had the power to initiate it ex officio , it is also open, since the entry into force of the ordinance of 12 March 2014 , to the debtor . The seizing ex officio has disappeared and the action f …

Status of applicant for the action

Since 2008 , the action for extension of the safeguard procedure has been an established action. Initially reserved for the director, the court-appointed receiver , the public prosecutor or the court, which had the power to initiate it ex officio , it is also open, since the entry into force of the ordinance of 12 March 2014 , to the debtor . The seizing ex officio has disappeared and the action for extension remains in principle closed to creditors .

However, when the court-appointed receiver, who alone has the capacity to act on behalf of and in the public interest of the creditors, does not act, Article L. 622-20 of the Commercial Code confers on the creditor appointed as controller, the capacity to act in extension on behalf of and in the public interest of the creditors . Article R. 622-18 of the Commercial Code specifies that, in this case, the action of the controller is admissible only after a formal notice sent to the court-appointed receiver by registered letter with acknowledgement of receipt, which has remained unsuccessful for two months as from its receipt .

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

CA Paris, 2 July 2003, LawLex202100004514JBJ holding that the court-appointed receiver has the right to act for the extension of the procedure to another company even if he has in the meantime constituted an incorporated professional practices, as long as he remains registered on the list maintained by the Registry of the Court of Appeal.

CA Versailles, 7 October 2010, LawLex202100006029JBJ.

Ordinance No 2014-326 of 12 March 2014 reforming the prevention of business difficulties and insolvency procedures.

Cass. com. 26 January 2016, LawLex202100002106JBJ. See also. Cass. com., 11 February 2004, LawLex202100002107JBJ, considering that the wife of a trader in court-supervised liquidation, registered in the company and trade register as a spouse and business associate and not as a trader, cannot ask to be admitted to the benefit of the procedure.

Cass. com., 15 May 2001, LawLex202100002104JBJ (LJ).

Cass. avis, 3 June 2013, LawLex202100002105JBJ (LJ).

See in particular CA Paris, 1 March 2011, LawLex202100004054JBJ (LJ).

Bankruptcy Law

48. Status of applicant for the action

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

48. Status of applicant for the action

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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