Bankruptcy Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Preventing difficulties
Title 1: Opening of the procedure
Title 2: Observation period
Title 3: Drawing up an economic, social and environmental report
Title 4: Determination of debtor's assets
Chapter 1: Drawing up a draft plan
Section 1: Court ruling must adopt the plan
I: Payment of dividends
A: Amendment of the plan
1°: Cases of resolution
2°: Opening of a new procedure
3°: Procedure
a): Reconstitution of claims and securities
c): No need to declare claims under the new procedure
Section 3: Completion of the plan
Title 6: Accelerated safeguard
Part 3: Judicial receivership
Part 4: Court-supervised liquidation and professional recovery
Part 5: Responsibilities and penalties
279. Forfeiture of payment terms under the plan
1 minute de lecture
The resolution of the plan entails the forfeiture of any payment terms granted under Article L. 626-27, I(4) of the Commercial Code. According to the courts, the deadlines accepted by a creditor within the framework of the plan, which are definitively acquired by the debtor only after payment, at the fixed term, of the last due date, are retroactively annulled when the plan is terminated . …
