Bankruptcy Law

As soon as the receivership procedure is opened, the debtor must provide the receiver and the legal representative with a list of his creditors and the amount of his debts . When the debtor has brought a claim to the attention of the legal representative, he is presumed to have acted on behalf of the creditor until such time as the latter has submitted a claim declaration in accordance with Articl …

Creditors on the list given to legal representatives

As soon as the receivership procedure is opened, the debtor must provide the receiver and the legal representative with a list of his creditors and the amount of his debts . When the debtor has brought a claim to the attention of the legal representative, he is presumed to have acted on behalf of the creditor until such time as the latter has submitted a claim declaration in accordance with Article L. 622-24. For this effect to occur, the list drawn up by the debtor must mention the identity and the amount of the claims in question .

Article R. 622-21(1) of the Commercial Code  provides that the legal representative, within fifteen days of the opening judgment, must notify known creditors of their obligation to declare their claims to him within two months of publication of the opening judgment in the BODACC (Official Bulletin of Civil and Commercial Announcements). However, the absence of an invitation to declare a claim from the legal representative of a parent company to its subsidiary has no impact on the failure to declare, since the managers of both companies are necessarily aware of the opening of the receivership . Paragraph 3 of Article R. 622-21  specifies that “[t]he warning issued by the legal representative shall reproduce the legal and regulatory provisions relating to the deadlines and formalities to be observed for the declaration of claims, for the application for relief from foreclosure and for actions for revendication and restitution. This notice also reproduces Articles L. 621-20, R. 621-19, R. 621-24 and D. 814-58-3. Where applicable, the warning specifies that the claim has been entered by the debtor on the list provided for in Article L. 622-6 in accordance with the provisions of the second paragraph of Article R. 622-5”.

A creditor who has failed to declare his claim before the legal deadline may ask to be relieved of the foreclosure he has incurred, if the debtor has failed to mention his claim, even if the amount is uncertain, when drawing up the list of creditors .

C. com. L. 622-6, al. 2, applicable to the receivership by virtue of art. L. 631-14.

Cass. com., 5 September 2018, LawLex202100002906JBJ (RJ).

Applicable by reference to art. R. 631-27.

Cass. com., 27 May 2014, LawLex202100005052JBJ (RJ).

Cass. com., 2 February 2022, LawLex202200002086JBJ (LJ).

Bankruptcy Law

421. Creditors on the list given to legal representatives

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421. Creditors on the list given to legal representatives

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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