Bankruptcy Law

Article L. 643-3 of the Commercial Code allows the bankruptcy judge, ex officio or at the request of the liquidator or a creditor, to order provisional payment of a share of a definitively admitted claim. This provisional payment may be subject to the presentation by the beneficiary of a guarantee from a credit institution or finance company, unless the request for provision concerns a privileged  …

Instalment payments

Article L. 643-3 of the Commercial Code allows the bankruptcy judge, ex officio or at the request of the liquidator or a creditor, to order provisional payment of a share of a definitively admitted claim. This provisional payment may be subject to the presentation by the beneficiary of a guarantee from a credit institution or finance company, unless the request for provision concerns a privileged claim by the financial authorities, social security bodies, institutions managing the unemployment insurance scheme or provident institutions. The bankruptcy judge has exclusive jurisdiction over the request for provisional payment and its authorization: it cannot be referred to the labour courts until the insolvency procedure has been completed .

A request for provisional payment of a claim that appears on the summary of claims drawn up by the liquidator as having been definitively admitted, must be approved up to the amount of the balance of available net assets remaining, once the claims to be paid by priority to this claim have been settled . On the other hand, the court ruling may reject such a claim if it has no information on asset recoveries already made, future recoveries, the structure and distribution of unsecured privileged liabilities, the amount and ranking of other claims due or likely to be due in the future, or on the share likely to be allocated to creditors . The same applies when the bankruptcy judge finds that a significant part of the assets is likely to be absorbed by the privileged creditors, and that the unsecured liabilities, which include the claimant's claim, have not been settled .

An ordinance of the bankruptcy judge ordering the provisional payment of a share of a definitively admitted claim, the amount of which is fixed according to the existence, amount and ranking of other claims, due or likely to be due, constitutes a provisional measure which does not, in the main, have the force of res judicata, in particular as regards the ranking of creditors . Nevertheless, a provisional payment made to a creditor, which does not extinguish the claim, does not deprive him of his right to claim the balance of the claim and any subsequent interest secured in the same rank as the principal .

CA Basse-Terre, 11 March 2019, LawLex202300007270JBJ (LJ).

CA Paris, 6 November 2018, LawLex202300007267JBJ (LJ).

Cass. com., 15 November 2017, LawLex202100003072JBJ (LJ).

CA Paris, 28 June 2016, LawLex202300005239JBJ (LJ).

Cass. com., 21 September 2010, LawLex202100003074JBJ (LJ).

Cass. com., 25 September 2019, LawLex202300007477JBJ (LJ).

Bankruptcy Law

933. Instalment payments

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Les notions juridiques connexes

933. Instalment payments

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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