Bankruptcy Law

An inventory of the debtor's assets and guarantees must be drawn up as soon as the procedure is initiated . The debtor or his known successors must be present or summoned to the proceedings . At the same time, the assets are “appraised”, i.e. valued . To this end, the court appoints a judicial commissioner, a notary or a sworn goods broker , in accordance with their respective responsibilities. Th …

Inventory of debtor's assets

An inventory of the debtor's assets and guarantees must be drawn up as soon as the procedure is initiated . The debtor or his known successors must be present or summoned to the proceedings . At the same time, the assets are “appraised”, i.e. valued . To this end, the court appoints a judicial commissioner, a notary or a sworn goods broker , in accordance with their respective responsibilities. The court registrar informs the person responsible for carrying out the inventory of this appointment by any means .

Under Article R. 622-4 of the Commercial Code, the debtor is required to provide the designated person with a list of any assets pledged or placed under customs subjection, as well as any assets held in deposit, rental or leasing, or under retention of title, or, more generally, which are likely to be claimed by third parties. The receiver, who is not obliged to compensate for the debtor's failure to draw up and file the inventory, is not required to check whether any assets in the debtor's estate are likely to be claimed . The sole trader debtor also includes in the inventory any assets held in connection with the business with regard to which the procedure has been opened, which are included in another of his patrimonies and which he may request to be taken over under the conditions set out in Article L. 624-19 .

An incomplete, summary or unusable inventory is equivalent to the absence of a compulsory inventory . An inventory is deemed incomplete when the judicial commissioner fails to itemize the spare parts claimed by a creditor under a retention-of-title clause, even though the creditor has provided a detailed listing . In the absence of an inventory , or in the case of an incomplete inventory , the burden of proving that the goods claimed by a creditor, which remained in the debtor's possession during the insolvency procedure and the implementation of the continuation plan, no longer existed in kind on the day of the opening judgment, lies with the legal representative representing the debtor. Should the latter be unable to provide such proof, the action for revendication is admissible . In addition, a debtor who does not enable the auctioneer to draw up an inventory of his assets by barring access to his premises, and who does not allow the legal representative to draw up a plan by refusing to transmit the slightest accounting item and the list of his creditors, cannot contest the conversion of his procedure . The debtor's failure to cooperate in drawing up the inventory is also punishable by a management ban, under Article L. 653-8 of the Commercial Code.

The inventory must be filed with the court registry by the person who drew it up. A copy must be given to the debtor, the receiver, if one has been appointed, and the legal representative.

C. com., art. L. 622-6, applicable to receivership by reference to art. L. 631-14.

C. com., art. R. 622-4, para. 1, applicable by reference to art. R. 631-18.

CA Douai, 5 June 2014, LawLex202100005233JBJ (LJ) ; CA Grenoble, 8 October 2020, cited above.

Cass. com., 25 October 2017, LawLex202100001653JBJ (LJ).

CA Chambéry, 6 November 2018, LawLex202200000709JBJ (LJ).

Cass. com., 27 September 2016, LawLex202100005232JBJ (LJ).

C. com., art. L. 624-19, applicable by reference to art. L. 631-18.

CA Bordeaux, 22 November 2021, LawLex202200000711JBJ (S).

CA Grenoble, 8 October 2020, LawLex202200000712JBJ (S).

Cass. com., 1st December 2009, LawLex202100001542JBJ (LJ).

Bankruptcy Law

363. Inventory of debtor's assets

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363. Inventory of debtor's assets

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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