Bankruptcy Law

The court that has approved the plan may decide to terminate it if the debtor fails to perform its commitments within the time-limits set by the plan, pursuant to Article L. 626-27, I of the Commercial Code. The matter is referred to the court by a creditor, the commissioner for the execution of the plan or the public prosecutor . Likewise, the court that has decided on the plan has sole jurisdict …

Referral procedures

The court that has approved the plan may decide to terminate it if the debtor fails to perform its commitments within the time-limits set by the plan, pursuant to Article L. 626-27, I of the Commercial Code. The matter is referred to the court by a creditor, the commissioner for the execution of the plan or the public prosecutor . Likewise, the court that has decided on the plan has sole jurisdiction to order the court-supervised liquidation of the debtor's assets .

The commissioner for the execution of the plan, who is required to report to the president of the court and to the public prosecutor on the non-execution of the plan and to inform the works committee or, failing that, the employee delegates, may refer the matter to the court for resolution of the plan without prior formal notice . However, he may no longer apply to the court for the plan to be rescinded for the debtor's failure to make payments of wage claims after the last due date, since he is only appointed for the duration of the plan .

The ex officio referral of a case to the Commercial Court for the purpose of converting a safeguard procedure into a receivership procedure, when it appears, after the opening of the first procedure, that the debtor was already in a state of cessation of payments, has not been judged to be contrary to either Article 16 of the Declaration of the Rights of Man and of the Citizen of 1789, or to the French Constitution, as long as it pursues an aim of general interest and is exercised in compliance with the principle of adversarial principal .

CA Montpellier, 15 September 2015, LawLex202100006260JBJ (RJ).

Cass. com., 9 December 1997, LawLex202100001809JBJ (RJ).

Cass. com., 16 May 2006, LawLex202200004677JBJ (RJ).

Cons. constit., 16 January 2015, LawLex202200004268JBJ(S).

Bankruptcy Law

275. Referral procedures

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275. Referral procedures

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise