Bankruptcy Law

In accordance with Article L. 644-3 of the Commercial Code, and notwithstanding the provisions of Article L. 641-4, only those claims that are likely to rank in order of priority in the distribution and claims arising from an employment contract are verified. An application for admission of a claim relating to deliveries of lubricants is irrelevant if it cannot be ranked in the order of precedence …

Discharge of liabilities

In accordance with Article L. 644-3 of the Commercial Code, and notwithstanding the provisions of Article L. 641-4, only those claims that are likely to rank in order of priority in the distribution and claims arising from an employment contract are verified. An application for admission of a claim relating to deliveries of lubricants is irrelevant if it cannot be ranked in the order of precedence .

At the end of the procedure for verification and admission of the claims and realization of the assets, Article L. 644-4(1) provides that the liquidator must include his distribution proposals on the statement of claims. He must estimate the amount of foreseeable legal costs . This completed statement is filed with the court registry, where any interested party may consult it, and is published in the Official Bulletin of Civil and Commercial Announcements and in a legal gazette . However, if it appears that the sums to be distributed are only sufficient to pay the creditors mentioned in 1° to 6° of I of Article L. 643-8, the completed statement is only filed with the court registry . The liquidator notifies them of the filing of this statement at the registry by registered letter with acknowledgement of receipt . When these creditors have declared their claims via the portal mentioned in Articles L. 814-2 and L. 814-13, the liquidator notifies them of the filing of the statement of claims at the registry by the same means.

Paragraph 2 of Article L. 644-4 of the Commercial Code adds that any interested party may consult the statement of claims and, with the exception of the liquidator, lodge a claim with the bankruptcy judge within one month of publication of the notice of filing of the statement of claims with the court registry, or notification of such filing . The debtor's claims may only relate to proposed distributions. Creditors' claims may not be lodged against decisions of the bankruptcy judge concerning the statement of claims to which they have been a party. 

The bankruptcy judge must rule on disputes against the statement of claims supplemented by the proposed distribution in a decision which must be subject to the publicity measures provided for in Article R. 644-2 . The decision is notified by the court registrar to the creditors concerned, and may be remedy within the time-limits and in the form stipulated in Article R. 621-21, i.e. within ten days of communication or notification, by declaration made against a receipt or sent by registered letter with acknowledgement of receipt to the court registry.

Finally, the liquidator proceeds with the distribution in accordance with his proposals or the decision rendered .

CA Paris, 16 September 2008, LawLex202300004443JBJ.

C. com., art. L. 644-4, al. 3 and art. R. 644-3.

Bankruptcy Law

959. Discharge of liabilities

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959. Discharge of liabilities

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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