Bankruptcy Law

Prior to the Law of 26 July 2005 , the rule concerning the cessation of individual lawsuits and enforcement procedures only applied to prior creditors. Article L. 622-21 of the Commercial Code, which applies to the receivership procedure on the basis of Article L. 631-14, now stipulates that “[t]he opening judgment interrupts or prohibits all legal action on the part of all creditors whose claims  …

Prior and non-privileged subsequent claims

Prior to the Law of 26 July 2005 , the rule concerning the cessation of individual lawsuits and enforcement procedures only applied to prior creditors. Article L. 622-21 of the Commercial Code, which applies to the receivership procedure on the basis of Article L. 631-14, now stipulates that “[t]he opening judgment interrupts or prohibits all legal action on the part of all creditors whose claims are not mentioned in I of Article L. 622-17”. As a result, neither earlier creditors nor later non-privileged creditors may individually sue the debtor or initiate enforcement proceedings against him, as from the judgment opening the receivership procedure.

The principle of the interruption and prohibition of legal actions applies in particular to forward sales concluded before the opening judgment, which entail the immediate transfer of ownership of the property and which, as such, give rise to a prior claim, even if the payability of the price has been deferred , and to employee actions for payment of wage claims, which arose prior to the opening judgment of the debtor's insolvency procedure .

Non-privileged subsequent claims are claims which have not properly arisen after the opening of the insolvency procedure for the purposes of the procedure or the observation period, or in consideration of a service provided to the debtor during this period, within the meaning of Article L. 622-17 of the Commercial Code, applicable to the receivership procedure by reference to Article L. 631-14. Accordingly, the claim for payment arising from an accident occurring during the observation period, the privileged nature of which has not been established, must be declared inadmissible . Nor can a creditor whose claim cannot be set up against the debtor's insolvency procedure because it arose from an act that the debtor could not have performed alone, obtain payment during the insolvency procedure .

Law 2005-845 of 26 July 2005 on safeguarding businesses.

Cass. com., 20 March 2019, LawLex202100005202JBJ (LJ).

Cass. soc., 21 November 2018, LawLex202100003736JBJ (LJ).

Cass. com., 17 October 2018, LawLex202100002461JBJ (RJ).

Cass. com., 19 September 2018, LawLex202100001086JBJ (LJ).

Bankruptcy Law

394. Prior and non-privileged subsequent claims

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394. Prior and non-privileged subsequent claims

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise