Bankruptcy Law

Article L. 622-7, I(1) of the Commercial Code, applicable to the receivership procedure by reference to Article L. 631-14, lays down a principle: the judgment opening the receivership procedure automatically prohibits payment of any claim arising prior to the opening judgment. It also automatically entails a prohibition on payment of any claim arising after the opening judgment, not mentioned in I …

Prohibition on payment of prior and subsequent non-preferential claims

Article L. 622-7, I(1) of the Commercial Code, applicable to the receivership procedure by reference to Article L. 631-14, lays down a principle: the judgment opening the receivership procedure automatically prohibits payment of any claim arising prior to the opening judgment. It also automatically entails a prohibition on payment of any claim arising after the opening judgment, not mentioned in I of Article L. 622-17.

The prohibition is subject to a number of exceptions. Firstly, it does not prevent the set-off of related claims. Secondly, it does not apply to the payment of maintenance claims. In addition, only payments made by the debtor himself are prohibited, and not those made by a third party: the Court of Cassation in fact accepts the validity of the delegation mechanism, in which the delegate pays the creditor on behalf of the debtor.

Lastly, the text specifies that the bankruptcy judge may authorize the debtor “to pay prejudgment claims, to withdraw the pledge or a thing legitimately withheld, or to obtain the return of goods and rights transferred by way of security into a fiduciary estate, where such withdrawal or return is justified by the continuation of the business”.

Any payment made in breach of these provisions shall be void .

C. com. L. 622-7, III, applicable by reference to art. L. 631-14.

Bankruptcy Law

383. Prohibition on payment of prior and subsequent non-preferential claims

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Les notions juridiques connexes

383. Prohibition on payment of prior and subsequent non-preferential claims

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

Sous parties

Les notions juridiques connexes

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