Bankruptcy Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Preventing difficulties
Part 2: Safeguard
Part 3: Judicial receivership
Section 1: Conditions relating to the debtor
Section 2: Conditions relating to difficulties encountered
I: Conditions for extension
A: Plaintiff
B: Defendant
C: Court having jurisdiction
D: Time frame of the action
F: Remedies
III: Effects of the extension
IV: Special case of sole proprietors
Chapter 2: Procedural requirements
Title 2: Judicial liquidation judgment
Title 3: Realization of assets
Title 4: Settlement of liabilities
Title 5: Closure of court-supervised liquidation operations
Title 6: Simplified court-supervised liquidation
Title 7: Professional recovery
Part 5: Responsibilities and penalties
646. Rights of defense of the parties
1 minute de lecture
The court must respect the adversarial principle, including in the context of the extension procedure. It must ensure that the debtor targeted by the extension has been given the opportunity to explain his position in full knowledge of the opposing position and documents, even if he is not formally required to be heard by law . The adversarial principle is respected when, in order to establish the …