Bankruptcy Law

The principle of the individual stay of proceedings applies equally to new actions  and to proceedings already initiated prior to the opening of the procedure . With the exception of labor court proceedings, which benefit from a special regime set out in Article L. 625-3 of the Commercial Code , ongoing proceedings are interrupted until the creditor has declared his claim.
The Court of Cassation d …

Proceedings interrupted by the suspensive effect of the opening judgment

The principle of the individual stay of proceedings applies equally to new actions  and to proceedings already initiated prior to the opening of the procedure . With the exception of labor court proceedings, which benefit from a special regime set out in Article L. 625-3 of the Commercial Code , ongoing proceedings are interrupted until the creditor has declared his claim.

The Court of Cassation defines ongoing proceedings as those initiated prior to the opening judgment , which aim to obtain a final decision on the amount and existence of a claim , or on the setting of a provisional penalty . On the other hand, it considers that summary proceedings aimed at obtaining a provisional judgment do not constitute ongoing proceedings, interrupted by the effect of the opening judgment, as long as they are not aimed at obtaining a final judgment . In such cases, the creditor must submit to the normal verification procedure and to the decision of the bankruptcy judge , and may not resume proceedings. Consequently, the ordinance ordering the debtor to pay an advance must be overturned , since the claim for payment of a sum of money in respect of an earlier claim has become inadmissible by virtue of the rule prohibiting individual lawsuits .

Claims for pecuniary condemnation of a debtor for events occurring prior to the opening judgment are subject to the rule of interruption of proceedings, especially when the creditor has not declared his claim . Indeed, Article L. 622-22 of the Commercial Code, applicable to the receivership procedure by reference to Article L. 631-14, specifies that proceedings in progress are interrupted until the creditor has declared his claim . Interrupted proceedings are then resumed ipso jure by the legal representative and, where applicable, the receiver or the commissioner for the execution of the plan, duly summoned, but solely for the purposes of establishing claims and fixing their amount . The court is required to assess the regularity of the claim declaration and the resumption of proceedings .

Lastly, proceedings in progress may not be interrupted by the suspensive effect of the opening judgment of a receivership procedure, when this judgment was issued after the opening of the debates , or during the deliberations , before the court of appeal. If a debtor is ordered to pay a sum of money while proceedings are in progress at the date of the opening judgment, the judgment must be deemed null and void .

C. com., art. L. 622-21, applicable by reference to art. L. 631-14.

C. com., art. L. 622-22, applicable by reference to art. L. 631-14.

TGI Paris, 21 September 2017, LawLex202100005578JBJ (S).

See for an application, Cass. 3e civ., 6 October 2010, LawLex202100002564JBJ (S).

Cass. com. 14 September 2022, LawLex202200008177JBJ (S), holding that a summary order issued after the proceedings had been interrupted must be deemed null and void, in the absence of a challenge before this court by the bodies involved in the insolvency procedure.

Cass. com., 14 February 1995, LawLex202100002569JBJ (RJ) ; 3 April 2019, LawLex202100002587JBJ (LJ).

Cass. 2e civ., 18 December 2003, LawLex202100002570JBJ (RJ).

Cass. com., 15 December 2009, LawLex202100002566JBJ (RJ).

Applicable to the receivership procedure by reference to art. L. 631-18 C. com.

Cass. com., 8 April 2015, LawLex202100002588JBJ (LJ) ; 15 December 2015, LawLex202100002589JBJ (RJ).

Cass. com., 6 October 2009, LawLex202100002572JBJ (S).

Cass. com., 31 May 2011, LawLex202200001761JBJ (LJ).

Cass. com., 29 September 2015, LawLex202100002574JBJ (LJ).

Cass. com., 12 July 1994, LawLex202100002528JBJ (LJ) ; 23 May 2000, LawLex202100002532JBJ (LJ) ; 6 October 2009, cited above.

Cass. com., 19 September 2018, LawLex202100002575JBJ (S).

Cass. com., 9 July 2002, LawLex202100002576JBJ (LJ) ; 15 March 2005, LawLex202100002578JBJ (RJ) ; 11 December 2019, LawLex202200001760JBJ (S).

Bankruptcy Law

398. Proceedings interrupted by the suspensive effect of the opening judgment

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398. Proceedings interrupted by the suspensive effect of the opening judgment

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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