Bankruptcy Law

The debtor may exercise his rights alone during the receivership procedure, in particular the right to appeal. Pursuant to Article L. 661-1, I, the debtor may, without the assistance of any appointed receiver, lodge an appeal, or a petition for cassation, against decisions concerning the opening of receivership procedure, the extension  or conversion of the procedure, the adoption or rejection  of …

Exercise of remedies reserved to the debtor

The debtor may exercise his rights alone during the receivership procedure, in particular the right to appeal. Pursuant to Article L. 661-1, I, the debtor may, without the assistance of any appointed receiver, lodge an appeal, or a petition for cassation, against decisions concerning the opening of receivership procedure, the extension  or conversion of the procedure, the adoption or rejection  of the receivership plan, its amendment or its termination.

In addition, Article L. 661-6, II of the Commercial Code reserves to the debtor and the public prosecutor the right to appeal against rulings concerning the amendment of the receiver's mission . Article L. 661-6, III adds that the debtor may lodge an appeal against rulings approving or rejecting the plan to sell the business, without having to justify an interest of his own . The debtor may also lodge an appeal on his own against a judgment ruling on the resolution of the sale plan  or request closure of the receivership procedure when the difficulties which justified their opening have disappeared .

Under the terms of Article L. 624-3 of the Commercial Code, applicable to receivership by reference to Article L. 631-18, appeals against decisions by the bankruptcy judge to verify and admit claims are also open to the debtor. Thus, despite the appointment of a receiver, the debtor company retains the right to appeal against the official receiver's decision to admit a claim to its liabilities . On the other hand, it cannot take action to recover debts .

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

Cass. com., 22 May 1990, LawLex202100005047JBJ (RJ).

For an application, see Cass. com., 17 July 2001, LawLex202100005049JBJ (RJ).

Cass. com., 12 July 2017, LawLex202100001071JBJ (LJ).

C. com., art. L. 622-12. For an application, see in particular Cass. com., 5 March 2002, LawLex202200000871JBJ (LJ).

Cass. com., 24 January 2018, LawLex202100001048JBJ (S).

Cass. com., 18 September 2012, LawLex202100002129JBJ (LJ).

Bankruptcy Law

351. Exercise of remedies reserved to the debtor

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351. Exercise of remedies reserved to the debtor

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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