Bankruptcy Law

In order to be covered by the provisions of Article L. 622-17 of the Commercial Code, applicable to receivership by reference from Article L. 631-14, subsequent claims must have arisen in accordance with the rules governing the distribution of the debtor's powers in receivership procedure .
If no receiver is appointed, the debtor retains powers of management and administration. As a result, an URS …

Claims arising in accordance with the rules governing the distribution of the debtor's powers

In order to be covered by the provisions of Article L. 622-17 of the Commercial Code, applicable to receivership by reference from Article L. 631-14, subsequent claims must have arisen in accordance with the rules governing the distribution of the debtor's powers in receivership procedure .

If no receiver is appointed, the debtor retains powers of management and administration. As a result, an URSSAF claim that arose on the part of the debtor after the opening judgment may benefit from the privileged treatment .

In the presence of a receiver, the claim for holiday pay and compensation in lieu of notice, due following dismissals ordered by the receiver during the observation period, and the related claim for contributions and late payment surcharges necessarily constitute privileged claims . A rent claim is also valid where it arises from a lease tacitly continued by the receiver . Similarly, the landlord's claim in respect of the quasi-tort committed by the legal representative, ex officio, after the judgment opening the insolvency procedure, must be paid on the due date .

Conversely, claims arising from agreements entered into by the debtor without the assistance of the receiver cannot be enforced against the receivership procedure if they did not arise in accordance with the law . A claim arising from a transfer order given by the debtor without the assistance of the receiver, whose intervention was necessary for cash management operations, is therefore not privileged . A claim arising after the judgment opening the insolvency procedure is also not in order when it arises from a contract continued by the debtor without the assent of the legal representative .

Lastly, the claim for fees from a lawyer who assists the debtor in exercising his own rights always arises regularly, since these fall outside the distribution of powers between the debtor and the bodies of the insolvency procedure .

For an application of the principle to a claim in tort, see Cass. com. 31 March 1998, LawLex202100002332JBJ (LJ).

Cass. com., 9 June 1992, LawLex202100005134JBJ (LJ) ; 2 February 1993, LawLex202100005133JBJ (LJ).

Cass. com., 2 May 1990, LawLex202100002375JBJ (RJ).

Cass. com., 2 April 1996, LawLex202200001220JBJ (LJ).

Cass. com., 31 March 1992, LawLex202100005155JBJ (LJ).

Cass. com., 29 February 2000, LawLex202100005158JBJ (RJ) ; 4 February 1992, LawLex202100002333JBJ (LJ).

Cass. com., 4 March 2014, LawLex202100005132JBJ (LJ).

CA Caen, 9 April 2019, LawLex202200000699JBJ (S).

Cass. com., 7 October 2020, LawLex202100006125JBJ (LJ).

Bankruptcy Law

441. Claims arising in accordance with the rules governing the distribution of the debtor's powers

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441. Claims arising in accordance with the rules governing the distribution of the debtor's powers

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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