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
Section 1: Existence of a serious safeguard possibility
Section 2: Initiation of draft plan
Section 3: Calling shareholders' assemblies
Section 4: Seeking creditors' agreement on deadlines and discounts
Section 5: Consultation of affected parties
Chapter 2: Court ruling must adopt the plan and plan implementation
Title 6: Accelerated safeguard
Part 3: Judicial receivership
Part 4: Court-supervised liquidation and professional recovery
Part 5: Responsibilities and penalties
258. Timely presentation of the project
1 minute de lecture
When a draft plan is not presented in due time, Article R. 626-18(2) of the Commercial Code allows the public prosecutor, any creditor or the legal representatives to refer the matter to the court for the purpose of closing the procedure. The latter decides, after having heard or called the debtor.
However, a request for closure of a safeguard procedure based on the debtor's failure to submit a sa …