Bankruptcy Law

In accordance with Article L. 632-4 of the Commercial Code, an action for the nullity of acts performed during the suspect period is reserved for the receiver, the legal representative, the commissioner for the enforcement of the plan and the public prosecutor. The Court of Cassation requires that the holder of the action must still be in office at the time of the action, so that the receiver and  …

Exclusive of the procedural bodies

In accordance with Article L. 632-4 of the Commercial Code, an action for the nullity of acts performed during the suspect period is reserved for the receiver, the legal representative, the commissioner for the enforcement of the plan and the public prosecutor. The Court of Cassation requires that the holder of the action must still be in office at the time of the action, so that the receiver and the commissionner for the enforcement of the plan, whose mission has come to an end, are inadmissible to bring an action for nullity of acts performed during the suspect period .

Not covered by the text, the debtor may not bring an action for the annulment of acts performed during the suspect period, nor lodge an appeal , nor lodge an appeal in cassation against a decision that has ruled on such an application . Similarly, the assigned debtor does not have standing to bring an action for annulment of the assignment of a claim made by the debtor in insolvency procedure after the date of cessation of payments . However, the debtor's action for annulment may be regularized, before the decision is adopted, by the voluntary intervention of the legal representative and the latter's taking over of the claims . On the other hand, a receiver who has not acted on a principal basis in the nullity action, but has merely associated himself with the debtor's submissions, must be declared inadmissible in his claims .

A creditor does not have the right to personally invoke the nullity of a payment, even by way of exception , nor does the guarantor of a promissory note drawn by the debtor during the suspect period .

Cass. com., 1 February 2000, LawLex202200008748JBJ (RJ).

Cass. com., 8 March 2017, LawLex202100002000JBJ (RJ).

Cass. com., 2 December 2014, LawLex202100002010JBJ (RJ).

Cass. com., 17 October 2018, LawLex202100003442JBJ (LJ).

CA Angers, 25 January 2022, LawLex202200002250JBJ (RJ).

Cass. com., 25 November 1997, LawLex202100003441JBJ (RJ).

Cass. com., 6 May 1997, LawLex202100001999JBJ (RJ).

Cass. com., 13 October 1998, LawLex202100003446JBJ (LJ).

Bankruptcy Law

489. Exclusive of the procedural bodies

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Les notions juridiques connexes

489. Exclusive of the procedural bodies

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise