Bankruptcy Law

Completion of the plan, whatever the cause, has an impact on both the debtor and the creditors.
At the debtor's initiative, decisions relating to the procedure are removed from the registers in which they were entered , so that no trace of the debtor's difficulties is likely to affect the trust of its future partners. In addition, undertakings given by the debtor during the examination of its plan …

Effects on the debtor and creditors

Completion of the plan, whatever the cause, has an impact on both the debtor and the creditors.

At the debtor's initiative, decisions relating to the procedure are removed from the registers in which they were entered , so that no trace of the debtor's difficulties is likely to affect the trust of its future partners. In addition, undertakings given by the debtor during the examination of its plan relating to the settlement of claims arising prior to the opening judgment, which are valid only subject to their final admission, do not oblige the debtor to pay a claim that has not been admitted, even after the plan has been implemented .

Conversely, a creditor who has a claim that has been recognized as a liability and entered on the statement of claims, but which has not been paid by the end of the continuation plan, regains his individual right of action against the debtor to sue for payment and obtain an advance . However, a creditor may no longer obtain payment of the balance of dividends due to him under the debtor's plan after the plan has expired, where he has been able to ascertain annually that payment has not been made and has allowed his rights to lapse through his inaction .

The receivership procedure is terminated when the remaining tasks of the receiver and the legal representative are completed . Once the receiver's and legal representative's end-of-assignment reports have been approved, the procedure is closed by ordinance of the president of the court .

C. com. R. 626-50, para. 3, applicable by reference to art. R. 631-35.

Cass. com., 13 January 2015, LawLex202100003065JBJ (RJ).

Cass. com., 8 April 2015, LawLex202100001798JBJ (RJ).

Cass. com., 4 March 2014, LawLex202200004824JBJ (RJ).

C. com. L. 626-24, applicable by reference from art. L. 631-19.

C. com. R. 626-42, applicable by reference to art. R. 631-35.

Bankruptcy Law

623. Effects on the debtor and creditors

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623. Effects on the debtor and creditors

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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