Bankruptcy Law

Creditors must declare all claims, even if they have not yet fallen due on the date of the declaration. Claims that are not established by a title and whose amount has not yet been fixed are declared on the basis of an assessment. When the claim declaration is based on an enforceable title, it can only relate to the sums still owed by the debtor on the date of the opening of his insolvency procedu …

Nominal amount and interest

Creditors must declare all claims, even if they have not yet fallen due on the date of the declaration. Claims that are not established by a title and whose amount has not yet been fixed are declared on the basis of an assessment. When the claim declaration is based on an enforceable title, it can only relate to the sums still owed by the debtor on the date of the opening of his insolvency procedure, and must therefore take into account the payments he has made up to that date .

When declaring a claim, the creditor must exercise restraint, as case law has held that a creditor who declares a claim to the debtor's receivership procedure that is out of all proportion to the possible extent of the damage caused by malfunctions in the equipment supplied by the debtor is making an improper declaration .

Article L. 622-25 of the Commercial Code, applicable to the receivership by virtue of Article L. 631-14, provides that the declaration must state the amount of the claim due on the date of the opening judgment, with an indication of the sums due and the dates on which they fall due. It must also contain the method of calculating any interest that has not yet been settled, this indication being deemed to constitute a declaration for the amount subsequently settled . The mere mention, in a declaration of claim, of the principal of the claim “plus interest ” , or of “interest under Article L. 622-28 of the Commercial Code ” , cannot, in the absence of any details on the method of calculating interest in the declaration or by express reference to an attached document, be considered as a declaration of interest whose rate has not yet been fixed. On the other hand, the fact that the bankruptcy judge asked the creditor to produce various supporting documents concerning the amounts actually paid to the debtor on the loans granted, the repayments made and the interest received, does not call into question the legality of the creditor's declaration of claims . In addition, the irregularity of a claim declaration due to the presentation of sums declared as due when they are not is not sanctioned by the extinction of the claim, provided that the creditor has unequivocally expressed his intention to claim sums due and to fall due, in addition to contractual interest .

A claim is extinguished when the creditor, who merely requests the payment of a monthly instalment in his claim declaration, does not unequivocally express his intention to claim the arrears due on the annuity, specifying the sums and their due dates . In addition, a claim for interest, the course of which has not been halted, relating to a current account claim prior to the opening judgment, which has not been declared as a liability of the debtor's receivership, is not enforceable against the debtor, during and after the execution of the plan, when the commitments set out in the plan or decided by the court have been fulfilled .

Cass. com., 17 November 2021, LawLex202200002073JBJ (RJ).

Cass. com., 8 January 2002, LawLex202100002827JBJ (RJ).

C. com., art. R. 622-23, applicable by reference to art. R. 631-27.

Cass. com., 17 October 2018, LawLex202100002838JBJ (LJ).

Applicable on reference from art. L. 631-14; Cass. com., 22 March 2017, LawLex202100002833JBJ (RJ).

Cass. com., 18 March 2003, LawLex202100002342JBJ (RJ).

Cass. com., 28 September 2004, LawLex202100002924JBJ (RJ).

Cass. com., 28 February 1995, LawLex202100002295JBJ (RJ).

Cass. com., 27 September 2017, LawLex202100002832JBJ (RJ).

Bankruptcy Law

416. Nominal amount and interest

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416. Nominal amount and interest

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Les notions juridiques connexes

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