Bankruptcy Law

In accordance with Article L. 631-8(1) of the Commercial Code, the court sets the date of cessation of payments after requesting the debtor's observations. In the absence of a determination of this date, the cessation of payments is deemed to have occurred on the date of the judgment opening the procedure. This is the case, in particular, when the date on which liabilities became payable is not pr …

Setting the date of cessation of payments

In accordance with Article L. 631-8(1) of the Commercial Code, the court sets the date of cessation of payments after requesting the debtor's observations. In the absence of a determination of this date, the cessation of payments is deemed to have occurred on the date of the judgment opening the procedure. This is the case, in particular, when the date on which liabilities became payable is not precisely known .

In the absence of details of assets available or liabilities due on the date of the ruling, the court cannot automatically set the debtor's cessation of payments at the postponement deadline authorized by law , on the sole grounds that creditors have been unpaid “for years ” , or that the debtor had already stopped declaring VAT two years previously . Furthermore, even if the debtor's cessation of payments actually occurred before this date, it cannot be set at a date more than 18 months prior to the judgment opening the insolvency procedure .

CA Orléans, 17 February 2022, LawLex202200006459JBJ (RJ).

Cass. com., 25 March 2020, LawLex202100004338JBJ (LJ).

Cass. com., 7 February 2012, LawLex202100001906JBJ (LJ).

Cass. com., 11 April 2018, LawLex202100004133JBJ (LJ).

CA Rennes, 7 June 2022, LawLex202200006419JBJ (LJ) and LawLex202200006420JBJ (LJ).

Bankruptcy Law

330. Setting the date of cessation of payments

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330. Setting the date of cessation of payments

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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