Bankruptcy Law

The bankruptcy judge shall rule by ordinance on the applications, disputes and claims that fall within his jurisdiction as well as on the claims made against the acts of the receiver, the legal representative and the commissionner for the execution of the plan (Commissaire à l'exécution des plans). The official receiver is seized by petition, unless otherwise provided . He must observe the adversa …

Ordinances of the bankruptcy judge

The bankruptcy judge shall rule by ordinance on the applications, disputes and claims that fall within his jurisdiction as well as on the claims made against the acts of the receiver, the legal representative and the commissionner for the execution of the plan (Commissaire à l'exécution des plans). The official receiver is seized by petition, unless otherwise provided . He must observe the adversarial principle when ruling on a matter that is not covered by the provisions of Article 493 of the Code of Civil Procedure relating to ordinances issued on motion (ordonnances sur requête) .

The ordinances of the bankruptcy judge are res judicata when they settle a dispute in their operative part . An ordinance of the bankruptcy judge which merely authorizes the legal representative to take any appropriate action against a third party who has failed to comply with his commitments does not settle any dispute in its operative part and therefore does not have the authority of res judicata . The provisional enforcement of the ordinances of the bankruptcy judge cannot be suspended, even if the chances of its decision being overturned, due to its lack of motivation, appear sufficiently serious .

Cass. com., 6 June 1995, LawLex202100005027JBJ (RJ).

Cass. com., 19 December 2000, LawLex202100002189JBJ (LJ).

Cass. com., 14 January 2004, LawLex202100004462JBJ (RJ).

Bankruptcy Law

67. Ordinances of the bankruptcy judge

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67. Ordinances of the bankruptcy judge

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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