Bankruptcy Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Preventing difficulties
Part 2: Safeguard
Chapter 1: Substantive conditions
I: Declaration of cessation of payments by the debtor
III: Appointment of a creditor
IV: Referral to court ex officio (declared unconstitutional)
Section 2: Court jurisdiction
Section 3: Examination of the referral
Section 4: Opening court ruling
Title 2: Observation period
Title 3: Drawing up the economic, social and environmental balance sheet
Title 4: Determining the debtor's assets and liabilities
Title 5: Receivership plan
Title 6: Total or partial sale plan
Title 7: Closure of the procedure
Part 4: Court-supervised liquidation and professional recovery
Part 5: Responsibilities and penalties
314. Referral to the court by the public prosecutor
1 minute de lecture
Where no conciliation procedure is in progress, Article L. 631-5 of the Commercial Code also allows the public prosecutor to petition the court to initiate the receivership procedure.
The members of the social and economic committee may inform the president of the court or the public prosecutor of any fact revealing the debtor's cessation of payments . Article L. 631-3-1 of the Commercial Code all …
