Bankruptcy Law

Judicial receivers, whose profession is governed by Articles L. 811-1 et seq. of the Commercial Code, are court officers charged with supervising the debtor in his management or assisting him in all acts of management, or only in some of them . At any time, the court may modify their mission. Pursuant to Article L. 621-4 of the Commercial Code, their appointment is optional when the proceedings ar …

Powers and missions

Judicial receivers, whose profession is governed by Articles L. 811-1 et seq. of the Commercial Code, are court officers charged with supervising the debtor in his management or assisting him in all acts of management, or only in some of them . At any time, the court may modify their mission. Pursuant to Article L. 621-4 of the Commercial Code, their appointment is optional when the proceedings are opened in favor of a debtor whose number of employees and turnover excluding taxes are below certain thresholds . A judicial receiver may nevertheless be appointed even if the debtor does not meet the legal thresholds for his compulsory appointment if the court considers it useful .

The receiver may act to extend  or convert the safeguard procedure . The latter's mission is also to decide on the continuation or termination of current contracts , on claims or restitution , and to draw up an financial and social assessment of the company . It is responsible, with the assistance of the debtor, for proposing a plan for the settlement of liabilities . To this end, and when certain thresholds are reached, the administrator divides the creditors into classes representing an economic interest group . Once the plan has been adopted, the court may instruct the receiver to carry out the acts necessary for the implementation of the plan that it determines , and appoint him as commissionner to oversee the implementation of the plan .

The remuneration of the judicial receiver is calculated in accordance with the terms of Articles R. 663-3 to R. 663-13-1 of the Commercial Code. Where several companies are subject to separate insolvency proceedings, the appointed judicial receiver is entitled to remuneration calculated for each of the proceedings in question, and not to an overall remuneration calculated for the “single economic entity” allegedly formed by the debtor companies . He is not obliged to pay the technician appointed by the bankruptcy judge out of his remuneration, even at his request, since his remuneration is the responsibility of the insolvency proceedings . Under Article L. 621-7 of the Commercial Code, the judicial receiver may be replaced, in particular at the request of the debtor, but the bankruptcy judge does not have jurisdiction to rule on this request .

C. com. R. 621-11: EUR 3,000,000 in sales and 20 employees.

Cass. com., 13 December 2017, LawLex202100001915JBJ (RJ).

Cass. com., 24 November 1998, LawLex202100002195JBJ (RJ).

CA Aix-en-Provence, 4 July 2019, LawLex202100005355JBJ (RJ).

C. com., Art. L. 621-11 ; Art. L. 622-10.

Bankruptcy Law

70. Powers and missions

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Les notions juridiques connexes

70. Powers and missions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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