Bankruptcy Law

In accordance with Article R. 626-48 of the Commercial Code , the court seized with a view to resolving the plan must give its ruling after first hearing or duly summoning the debtor, the receiver, the legal representative, the auditors and the representatives of the social and economic committee or, failing this, the employee representatives . The provisional execution of the judgment resolving t …

Hearings

In accordance with Article R. 626-48 of the Commercial Code , the court seized with a view to resolving the plan must give its ruling after first hearing or duly summoning the debtor, the receiver, the legal representative, the auditors and the representatives of the social and economic committee or, failing this, the employee representatives . The provisional execution of the judgment resolving the receivership plan must be halted if the debtor has not been heard or duly summoned . On the other hand, debtors who lodge an appeal with the court against the decision to rescind the receivership plan do not have to be heard personally, as they must have been summoned .

If the debtor is not summoned to appear before the court, the judgment will be null and void, having been rendered in disregard of the adversarial principle, since it constitutes a breach of a rule of public policy . This is the case when the debtor company has not been summoned to appear before the court by a bailiff's writ, but has simply been summoned by a simple letter sent by the court registry . The debtor may also be summoned by registered letter with acknowledgement of receipt. However, if a letter of notification sent to the debtor with a view to summoning him to the hearing is returned to the court registry and the acknowledgement of receipt has not been signed by the addressee, it is the court secretary's responsibility to invite the applicant to proceed by way of summons, failing which the judgment will be set aside . The judgment is also set aside if the acknowledgement of receipt of the registered letter summoning the debtor to the hearing states that the letter was sent by recorded delivery and not requested, and that the debtor was not summoned by bailiff . Some trial courts consider that summons by service must be used if the debtor has not been served, in accordance with Article 670-1 of the Code of Civil Procedure .

Applicable to the receivership procedure by reference to art. R. 631-35.

C. com., art. L. 626-9, applicable to the receivership procedure by reference to art. L. 631-19.

CA Aix-en-Provence, 3 August 2018, LawLex202200008376JBJ (RJ).

Cass. com., 1 July 2020, LawLex202200008374JBJ (RJ).

CA Poitiers, 27 June 2017, LawLex202200008378JBJ (RJ) ; CA Versailles, 7 January 2010, LawLex202200008371JBJ (RJ).

CA Grenoble, 22 September 2016, LawLex202200008372JBJ (RJ).

CA Rouen, 10 May 2012, LawLex202200008381JBJ (RJ).

CA Reims, 30 November 2021, LawLex202200008377JBJ (RJ).

CA Angers, 4 September 2012, LawLex202200008380JBJ (RJ) ; CA Agen, 24 January 2011, LawLex202200008375JBJ (RJ).

Bankruptcy Law

584. Hearings

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584. Hearings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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