Bankruptcy Law

Under Article L. 621-4(3) of the Commercial Code, applicable to receivership by reference to Article L. 631-9, the court initiating the receivership procedure may appoint one or more experts to carry out a mission which it determines, and replace them . Without harm to this power vested in the court, the bankruptcy judge may also appoint one or more experts when the appointment of a technician is  …

Diversity of experts

Under Article L. 621-4(3) of the Commercial Code, applicable to receivership by reference to Article L. 631-9, the court initiating the receivership procedure may appoint one or more experts to carry out a mission which it determines, and replace them . Without harm to this power vested in the court, the bankruptcy judge may also appoint one or more experts when the appointment of a technician is necessary . The business diagnostics expert, appointed by the bankruptcy judge, assists the receiver in drawing up the company's economic and social report .

The expert may also be appointed by the social and economic committee, for the purpose of drawing up a report, in companies with at least fifty employees, when a redundancy project concerns at least ten employees within the same thirty-day period . As he is not carrying out an expert appraisal, but rather an investigative mission within the framework of the debtor's insolvency procedure, he is not subject to the adversarial principle  and is not required, in particular, to communicate to each of the parties the observations made by the others before giving his opinion . In the absence of a receiver, he assists the debtor, during the observation period, in drawing up a draft recovery plan .

C. com., art. L. 621-7, applicable in reference to art. L. 631-9.

C. com., art. L. 621-9, applicable in reference to art. L. 631-9.

C. com., art. L. 623-1, applicable in reference to art. L. 631-18.

Cass. com., 23 June 1998, LawLex202100005015JBJ (LJ).

Cass. com., 28 March 1995, LawLex202100005016JBJ (LJ).

C. com., art. L. 627-3, applicable in reference to art. L. 631-21.

Bankruptcy Law

342. Diversity of experts

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

342. Diversity of experts

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise