Bankruptcy Law

In accordance with Article L. 622-21, I, 1° of the Commercial Code, which is applicable to the receivership procedure by virtue of Article L. 631-14, the opening judgment interrupts or prohibits any legal action by prior creditors and subsequent non-privileged creditors seeking to order the debtor to pay a sum of money. In particular, the principle of prohibition of actions for payment precludes a …

Exclusion of monetary penalties

In accordance with Article L. 622-21, I, 1° of the Commercial Code, which is applicable to the receivership procedure by virtue of Article L. 631-14, the opening judgment interrupts or prohibits any legal action by prior creditors and subsequent non-privileged creditors seeking to order the debtor to pay a sum of money. In particular, the principle of prohibition of actions for payment precludes any legal allocation of a property mortgaged by the debtor , summary proceedings for the payment of a residential rent debt, even if personal to the debtor , or an action accompanied by a claim for damages for loss of enjoyment . In addition, an action brought against the debtor to guarantee the sums he was responsible for repaying following his divorce is subject to the stay of individual lawsuits if its purpose is to order him to pay sums of money for a cause that predates the opening of the insolvency procedure . This is also the case for a claim arising from a compensatory allowance .

A claim which, under the guise of condemning the debtor to an obligation to perform, which necessarily results in damages in the event of non-performance, in reality seeks the payment of a sum of money, is contrary to the principle of the individual stay of proceedings . Consequently, a creditor cannot obtain an injunction ordering the debtor to build a retaining wall , demolish a structure , stop work and restore the creditor's land , or water supply basins , since the action is indirectly aimed at the payment of a sum of money for a cause prior to the opening of the procedure, and is therefore subject to the principle of the prohibition of individual lawsuits. The action of a guarantor, which is based on the performance of an obligation to do in order to obtain from the debtor company a commitment to pay a sum of money to the creditor bank, also comes up against the principle of the individual stay of proceedings . Similarly, an action for the liquidation of an injunction ordered by a decision made prior to the opening judgment is subject to the stay of individual lawsuits, insofar as it obliges the debtor to pay a sum of money . Nor can the issuance and validation of a constraint against the debtor, subsequent to the opening of the insolvency procedure, lead to the debtor being ordered to pay .

The public policy principle of the stay of individual proceedings prohibits a creditor whose claim arose prior to the opening of the insolvency procedure from referring the matter to the arbitral tribunal after the procedure has been opened, without first undergoing the procedure for the verification of claims .

The stay of individual lawsuits is a rule of public policy in international law: it prohibits a court from granting an application for enforcement of an arbitration award condemning the debtor to the payment of various sums of money .

Furthermore, a judgment ordering the debtor to pay a sum of money, handed down after the proceedings had been interrupted and not confirmed by the other parties to the procedure, must be deemed null and void . In addition, the prohibition of individual lawsuits constitutes a public policy objection that can be raised in any case, and must be raised ex officio by the court .

Cass. com., 28 June 2017, LawLex202100001588JBJ (LJ).

Cass. com., 23 October 2019, LawLex202100002582JBJ (LJ).

Cass. com., 6 June 1995, LawLex202100005201JBJ (RJ).

Cass. com., 21 January 2003, LawLex202100002459JBJ (RJ) ; 15 June 2011, LawLex202100002565JBJ (RJ).

Cass. com., 17 February 2015, LawLex202100005198JBJ (RJ).

Cass. com., 2 June 2004, LawLex202100002526JBJ (RJ).

Cass. 1re civ., 6 May 2009, LawLex202100005194JBJ (LJ).

Cass. com., 26 January 2010, LawLex202100002567JBJ (S).

Cass. 3e civ., 24 June 2021, LawLex202100006232JBJ ; Cass. com., 12 January 2010, LawLex202100005196JBJ (LJ) ; 17 February 2015, LawLex202100005206JBJ (LJ).

Cass. com., 18 February 2003, LawLex200500003855JBJ (LJ).

Cass. com., 29 May 2019, LawLex202100002503JBJ (LJ).

Cass. com., 13 June 2019, LawLex202100002691JBJ (LJ).

Cass. com. 9 July 1996, LawLex202100002515JBJ (RJ); 23 January 2001, LawLex202100005214JBJ (RJ), holding that the request to replace the engine of a boat acquired from the debtor before the opening judgment, an obligation to perform whose non-performance can only be resolved by damages, is equivalent to a request for payment of a sum of money.

Cass. com., 17 June 1997, LawLex202100002517JBJ (LJ).

Cass. com., 23 November 2004, LawLex202100002543JBJ (RJ).

Cass. com., 22 March 2011, LawLex202100002542JBJ (RJ).

Cass. com., 17 October 2000, LawLex202100005213JBJ (RJ).

Bankruptcy Law

395. Exclusion of monetary penalties

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Les notions juridiques connexes

395. Exclusion of monetary penalties

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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