Bankruptcy Law

Under Article L. 661-1-I, 3° of the Commercial Code, decisions on the extension of receivership procedure are subject to appeal or cassation. The joinder of the insolvency procedures, on the basis of the merger of the assets of the debtors concerned, leading to the existence of a single procedure, cannot be assimilated to a joinder of proceedings and does not constitute a decision of legal adminis …

Remedy against extension judgment

Under Article L. 661-1-I, 3° of the Commercial Code, decisions on the extension of receivership procedure are subject to appeal or cassation. The joinder of the insolvency procedures, on the basis of the merger of the assets of the debtors concerned, leading to the existence of a single procedure, cannot be assimilated to a joinder of proceedings and does not constitute a decision of legal administration not subject to appeal .

Under Article R. 661-6 of the Commercial Code, in the event of an appeal against a decision to extend the procedure, legal representatives who are not appellants must be respondents. However, the debtor subject to the procedure whose extension has been ordered is entitled, by virtue of his own right, distinct from the rights exercised by the legal representative, to lodge an appeal against the extension judgment , even if the receiver has not been summoned, since, due to the unicity of the procedure, he had already been summoned in his capacity as legal representative of the initial debtor . Furthermore, the manager of the company to which the procedure has been extended may lodge an appeal against the extension decision . On the other hand, the social and economic committee of the debtor whose procedure has been extended is not entitled to appeal against the extension decision, in the absence of any abuse of powers . On the other hand, failure to notify the public prosecutor of an insolvency procedure can only be appealed by the latter .

Under Article L. 661-2 of the Commercial Code, third-party objections may be lodged against decisions to extend receivership procedure. Remedy must be sought within ten days of publication of the extension decision in the Official Bulletin of Civil and Commercial Announcements (BODACC) . A creditor who was not a party to the proceedings may lodge a third-party objection to a judgment ruling on the extension of an insolvency procedure to his debtor, provided that the judgment was rendered in fraud of his rights or that he invokes arguments of his own . A bank, creditor of a company placed in an insolvency procedure and beneficiary of the guarantee granted by the latter's subsidiary for this claim, has an interest in lodging third-party opposition to the extension of the procedure, even if the insolvency procedure of the two companies were pronounced after its action . A decision to uphold a third-party objection lodged against a judgment extending a debtor's receivership to another company entails its retraction, and not merely its unenforceability against the third-party plaintiff .

Cass. com., 26 January 2016, LawLex202100002145JBJ (LJ).

Cass. com., 27 September 2016, LawLex202100001052JBJ (LJ).

Cass. com., 6 December 2011, LawLex202100002135JBJ (LJ).

Cass. com. 8 July 2014, LawLex202100002092JBJ (LJ) holding that the exercise of the appeal did not necessarily fall to the legal representative.

Cass. com., 11 March 2020, LawLex202100004111JBJ (RJ).

Cass. com., 19 February 2002, LawLex202100003711JBJ (LJ) ; LawLex202100003703JBJ (LJ).

Cass. com., 16 May 2006, LawLex202100006489JBJ (LJ).

Cass. com., 20 October 2021, LawLex202100005992JBJ (LJ).

CA Versailles, 7 October 2010, LawLex202100006029JBJ (S). See also Cass. com., 4 July 2000, LawLex202100003928JBJ (RJ).

Cass. com., 13 February 2007, LawLex202100002778JBJ (RJ).

Bankruptcy Law

306. Remedy against extension judgment

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306. Remedy against extension judgment

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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