Bankruptcy Law

Article R. 622-24 of the Commercial Code, applicable to the receivership procedure by virtue of Article R. 631-27, specifies that the deadline for declaring claims is two months from publication of the opening judgment in the BODACC (Official Bulletin of Civil and Commercial Announcements) . For creditors holding published security interests or contracts, the legal period for filing a claim runs f …

Deadline for filing claims

Article R. 622-24 of the Commercial Code, applicable to the receivership procedure by virtue of Article R. 631-27, specifies that the deadline for declaring claims is two months from publication of the opening judgment in the BODACC (Official Bulletin of Civil and Commercial Announcements) . For creditors holding published security interests or contracts, the legal period for filing a claim runs from notification of the notice to file.

For claims arising from a criminal offense, Article L. 622-24(7) , provides that the deadline for declaration by the civil party may run from the date of the final decision setting the amount, when this decision is made after publication of the opening judgment .

Lastly, “[w]hen the procedure is opened by a court with its headquarters in mainland France, the time-limit for declaring bankruptcy is increased by two months for creditors who do not live in mainland France. When the procedure is opened by a court based in an overseas department or collectivity, the declaration period is increased by two months for creditors who do not reside in this department or collectivity”.

The provisions of Article L. 622-24 of the Commercial Code, whose purpose is to enable a rapid assessment of liabilities, have not been deemed contrary to the Constitution insofar as they make no unjustified distinction between the starting points of the time-limits laid down according to the date on which the claim arose, the publicity to which the creditor's rights have been subject, or the creditor's status as a victim of a criminal offense .

Cass. com. 31 January 2012, LawLex202100002883JBJ (RJ), emphasizing that when the publication of the opening judgment in the BODACC contains an error as regards the indication of the debtor's activity, it is not null and void if it also contains all the personal information relating to the debtor enabling him to be sufficiently identified.

Applicable by reference to art. L. 631-14.

See for an application, Cass. com., 27 November 2019, LawLex202200002312JBJ (LJ).

Cass. com., 5 September 2013, LawLex202100001180JBJ (RJ).

Bankruptcy Law

430. Deadline for filing claims

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430. Deadline for filing claims

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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