Bankruptcy Law

Unless otherwise stipulated, the parties must lodge their appeal within ten days of being notified of the decision to close the judicial liquidation procedure . An appeal lodged by the debtor against a judgment closing the liquidation procedure on grounds of insufficient assets cannot be declared out of time solely on the basis of the provisions of the judgment, without the court having to ascerta …

Remedies against the closing court ruling

Unless otherwise stipulated, the parties must lodge their appeal within ten days of being notified of the decision to close the judicial liquidation procedure . An appeal lodged by the debtor against a judgment closing the liquidation procedure on grounds of insufficient assets cannot be declared out of time solely on the basis of the provisions of the judgment, without the court having to ascertain the existence, date or regularity of any notification made to the debtor .

Despite the provisional enforcement of the decision to close the court-supervised liquidation procedure on grounds of insufficient assets, the liquidator retains the power to criticize the court ruling, which deprives him of his capacity to represent the debtor . However, a decision to close the court-supervised liquidation procedure on grounds of insufficiency of assets renders inadmissible an appeal lodged by the liquidator against a decision to admit a claim, since the liquidator is no longer in office .

Cass. com., 17 June 2020, LawLex202300006657JBJ (LJ).

Cass. com., 13 February 2007, LawLex202300006658JBJ (LJ).

Cass. com., 1 March 2005, LawLex202300006665JBJ (LJ).

Bankruptcy Law

955. Remedies against the closing court ruling

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955. Remedies against the closing court ruling

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise