Bankruptcy Law

Creditors can recover their individual right of pursuit when the debtor, in respect of any of his assets or liabilities, or a legal entity of which he was the manager, has already been subject to court-supervised liquidation procedure closed for insufficiency of assets less than five years before the opening of the procedure to which he is currently subject .

However, creditors do not recover their individual right of action against the manager of a legal entity whose court-supervised liquidation has been closed for insufficiency of assets, if that manager has not himself previously been the subject of a court-supervised liquidation procedure closed for insufficiency of assets, or been the manager of a legal entity whose court-supervised liquidation has had the same outcome . Since the tax debtor is the company, a legal entity, and not its de facto manager, who has not personally been the subject of a court-supervised liquidation procedure closed for lack of assets, no enforcement order can be issued against the latter for the sums owed by the debtor company, insofar as the resumption of individual legal proceedings is only possible against the debtor himself and not, in the absence of legislation permitting it, against the de jure or de facto managers who represented him, even if they have been convicted in a personal capacity of fraudulent bankruptcy or banqueroute .

Creditors also regain their right to take legal action when the debtor has, in the five years preceding this date, benefited from provisions relating to professional receivership .

Cass. com., 9 June 1998, LawLex202300006724JBJ (LJ) ; 2 March 1999, LawLex202300006726JBJ (LJ).

CA Rennes, 16 September 2014, LawLex202300006650JBJ (LJ).

949. Prior liquidation procedure closed due to insufficient assets