Bankruptcy Law

The court appoints the receiver or the legal representative as the commissioner responsible for ensuring that the plan is implemented . The court may appoint several commissioners where the debtor's situation so requires, in which case, in the absence of provisions allocating their tasks, each is vested with all the powers conferred on them by law and is capable of exercising them alone . The comm …

Appointment of a legal representative as commissioner for the enforcement of the plan

The court appoints the receiver or the legal representative as the commissioner responsible for ensuring that the plan is implemented . The court may appoint several commissioners where the debtor's situation so requires, in which case, in the absence of provisions allocating their tasks, each is vested with all the powers conferred on them by law and is capable of exercising them alone . The commissioner for the enforcement of the plan is appointed for the duration of the plan, to which may be added the period during which the debtor's business is leased, and his mission is extended until full payment of the sale price if this takes place after the expiry of the plan . Where a judgment adopting a sale plan does not set a term for the plan, the mission of the commissioner for the enforcement of the plan extends until the closure of the procedure .

If the receiver or the legal representative appointed is not registered on one of the lists drawn up by a national commission, Article R. 621-13 of the Commercial Code  requires that the court registrar attach to the copy of the opening judgment a document reproducing the terms of several of the articles it lists. In addition, Article L. 626-25(8) allows the court to replace the commissioner for the enforcement of the plan, either on its own initiative or at the request of the public prosecutor. Where the replacement is requested by the commissioner for the enforcement of the plan, the president of the court must rule by ordinance. The court's ex officio appointment of a liberal practice partnership in the person of a natural person as a commissioner for the enforcement of the plan in place of that same person, because he or she is no longer practising on an individual basis but in a partnership, is neither an appointment decision nor a replacement decision, but a measure of judicial administration that cannot be appealed, even on the grounds of abuse of power .

C. com., art. L. 626-25, applicable by reference from art. L. 631-19.

Cass. com., 11 December 2001, LawLex202200004397JBJ (RJ).

Cass. com., 9 June 1998, LawLex202100001736JBJ (RJ).

Cass. com., 10 March 2004, LawLex202200004356JBJ (RJ).

Applicable by reference to art. R. 631-16.

Cass. com., 16 June 2009, LawLex202200004400JBJ (RJ).

Bankruptcy Law

570. Appointment of a legal representative as commissioner for the enforcement of the plan

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570. Appointment of a legal representative as commissioner for the enforcement of the plan

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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