Bankruptcy Law

The plan is completed at the end of the period set for its enforcement, or when it is established that it has been fully implemented by the debtor.
1) Termination of the plan
On expiry of the period allowed for the plan's implementation , the plan is terminated.
2) Confirmation that the plan has been properly implemented
When it is established that the undertakings set out in the plan or decided b …

Case of plan completion

The plan is completed at the end of the period set for its enforcement, or when it is established that it has been fully implemented by the debtor.

On expiry of the period allowed for the plan's implementation , the plan is terminated.

2) Confirmation that the plan has been properly implemented

When it is established that the undertakings set out in the plan or decided by the court have been fulfilled, the court, at the request of the commissioner for the enforcement of the plan, the debtor or any interested party, declares that the implementation of the plan has been completed . The plan is not automatically terminated when the creditors are paid in full, but when the court decides that the plan has been completed and terminates the mission of the receiver . Full completion of the plan may be declared when the courts have sufficient evidence to consider that the debtor has fully complied with the obligations set out in the receivership plan to which it was subject .

Pursuant to Article R. 626-59 , the court must rule on the basis of a report drawn up by the commissioner for the enforcement of the plan, and its decision must be communicated to the public prosecutor.

The decision by which the court finds that the debtor has properly enforced a receivership plan, which is likely to affect creditors' rights, is not a simple measure of legal administration: it may be appealed , and in particular by a third-party objection . However, a third-party objection must be rejected if the person lodging it does not establish that he or she is an undischarged creditor and therefore has standing to sue . Thus, a judgment that the plan has been properly implemented is not subject to third-party proceedings by creditors whose disputed claims have not been included in the plan, as long as it does not affect their rights to have them recognized as liabilities and to recover them .

C. com. L. 626-28, applicable to the receivership procedure by reference to art. L. 631-19.

CA Aix-en-Provence, 9 September 2021, LawLex202200006121JBJ (S).

CA Aix-en-Provence, 19 December 2017, LawLex202200006120JBJ (RJ).

Applicable to the receivership procedure by reference to art. R. 631-37.

Cass. com., 8 September 2015, LawLex202100001805JBJ (RJ).

CA Paris, 10 November 2020, LawLex202200006119JBJ (RJ).

CA Bordeaux, 25 February 2016, LawLex202200006123JBJ (S).

Cass. com., 14 September 2022, LawLex202200007490JBJ (RJ).

Bankruptcy Law

622. Case of plan completion

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Les notions juridiques connexes

622. Case of plan completion

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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