Bankruptcy Law

In the absence of a timely declaration, and in accordance with Article L. 622-26 of the Commercial Code, applicable to the the receivership procedure by reference to Article L. 631-14, creditors are foreclosed: their claim is not extinguished, but they are not admitted to distributions and dividends. An undeclared claim cannot be set up against the debtor's insolvency procedure. The creditor's rig …

Unenforceability of the claim against the procedure

In the absence of a timely declaration, and in accordance with Article L. 622-26 of the Commercial Code, applicable to the the receivership procedure by reference to Article L. 631-14, creditors are foreclosed: their claim is not extinguished, but they are not admitted to distributions and dividends. An undeclared claim cannot be set up against the debtor's insolvency procedure. The creditor's right of individual litigation only recovers in the event of resolution of the plan . In order not to penalize the creditor excessively, the statute of limitations on his action for payment is suspended until the closure of the receivership .

In application of these rules, a creditor's claim for compensation for damage suffered as a result of the debtor's faulty workmanship is inadmissible where the debtor has failed to declare his claim within the legal period . An association of co-owners who have not declared their claim cannot invoke fraud on the part of the debtor, who would have concealed the opening of the receivership, since the opening judgment was duly published in the BODACC (Official Bulletin of Civil and Commercial Announcements) . Finally, an action for payment by a creditor who failed to declare in good time his claim for compensation for breach of a medical practice contract entered into before the debtor's insolvency procedure, and who has not been relieved of the foreclosure, is inadmissible .

Cass. com., 9 September 2020, LawLex202100001167JBJ (RJ) ; 3 November 2010, LawLex202100001174JBJ (LJ).

Cass. com., 9 September 2020, cited above.

Cass. com., 6 June 2018, LawLex202100001158JBJ (RJ).

Cass. com., 24 May 2018, LawLex202100001159JBJ (RJ).

Cass. com., 5 October 2010, LawLex202100003328JBJ (RJ).

Bankruptcy Law

432. Unenforceability of the claim against the procedure

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432. Unenforceability of the claim against the procedure

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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