Bankruptcy Law

The holder of a subsequent claim, which has arisen properly, may claim the benefit of the provisions of Article L. 622-17, applicable to the receivership procedure by reference to Article L. 631-14, provided that the claim constitutes consideration for a service provided to the debtor during the observation period.
This is the case for a porterage claim, which arises after the opening of the recei …

Counterpart for a service provided to the debtor

The holder of a subsequent claim, which has arisen properly, may claim the benefit of the provisions of Article L. 622-17, applicable to the receivership procedure by reference to Article L. 631-14, provided that the claim constitutes consideration for a service provided to the debtor during the observation period.

This is the case for a porterage claim, which arises after the opening of the receivership , or the occupancy indemnity, which is due in consideration for the debtor's use of the premises, despite an eviction order, after the opening judgment . A lessor's claim for the cost of repairing the rented premises may be considered as consideration for a service provided to the debtor during the observation period if the alleged damage was committed during this period .

Conversely, damages for loss of the opportunity to re-let the premises immediately do not constitute consideration for a service provided to the debtor when the lessor has already been paid the rent due and then an occupancy indemnity after termination of the lease . Rents falling due after the opening of the receivership, under a leasing contract that the receiver has waived without formal notice, are only entitled to payment on the due date for the period between the opening of the receivership and the date of the waiver . A claim corresponding to the cost of work to rectify defects and non-completion of work and to late payment penalties due pursuant to a construction contract performed by the debtor after the opening judgment cannot be analyzed as consideration provided to the debtor . Lastly, a claim for costs resulting from the application of Articles 700 and 701 of the Code of Civil Procedure does not constitute consideration for services provided to the debtor after the judgment opening the receivership procedure and cannot therefore be paid on the due date .

CA Rennes, 23 November 2021, LawLex202200002631JBJ (RJ).

Cass. com., 17 September 2013, LawLex202200002630JBJ (LJ).

Cass. com., 2 December 2014, LawLex202200002550JBJ (RJ).

Cass. com., 2 December 2014, cited above.

Cass. com., 18 September 2007, LawLex202100002470JBJ (RJ).

Cass. com., 18 June 2013, LawLex202200002629JBJ (LJ).

CA Rouen, 26 November 2020, LawLex202200002632JBJ (RJ).

Bankruptcy Law

443. Counterpart for a service provided to the debtor

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Les notions juridiques connexes

443. Counterpart for a service provided to the debtor

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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