Bankruptcy Law

Since 2008 , the action for extension of the liquidation procedure has been a registered action . Initially reserved for the receiver, the liquidator , the public prosecutor or the court, which had the power to initiate it of its own motion , since the entry into force of the Ordinance of 12 March 2014  it has also been open to the debtor . In addition, ex officio seizure has been abolished and cr …

Standing to act

Since 2008 , the action for extension of the liquidation procedure has been a registered action . Initially reserved for the receiver, the liquidator , the public prosecutor or the court, which had the power to initiate it of its own motion , since the entry into force of the Ordinance of 12 March 2014  it has also been open to the debtor . In addition, ex officio seizure has been abolished and creditors are still in principle barred from bringing an extension action .

However, where the liquidator appointed by the court, who alone has standing to act on behalf of and in the common interest of the creditors , fails to act, the creditor appointed as controller has standing to bring an action in extension on behalf of and in the public interest of the creditors . In this case, the controller's action is admissible only after formal notice has been given to the liquidator by registered letter with acknowledgement of receipt, which has remained unsuccessful for two months from receipt .

Ord. 2008-1345 of 18 December 2008 concerning the reform of the law on companies in difficulty.

C. com., art. L. 621-2, applicable to court-supervised liquidation by reference to art. L. 641-1.

CA Paris, 2 July 2003, LawLex202100004514JBJ (LJ) holding that the liquidator of a company is entitled to act for the extension of the procedure to another company even if he has in the meantime set up a private practice company, provided that he is nonetheless registered on the list kept by the registry of the court of appeal.

CA Versailles, 7 October 2010, LawLex202100006029JBJ (S).

Ord. 2014-326 of 12 March 2014 concerning the reform of the prevention of business difficulties and insolvency procedures.

Cass. com. 26 January 2016, LawLex202100002106JBJ (RJ). See also. Cass. com. of 11 February 2004, LawLex202100002107JBJ (LJ), considering that the wife of a trader in court-supervised liquidation, registered in the Trade and Companies Register as a collaborating spouse and not as a trader, cannot ask to be admitted to the procedure.

Cass. com., 15 May 2001, LawLex202100002104JBJ (LJ).

C. com., art. L. 622-20, applicable to court-supervised liquidation by reference to art. L. 641-4. Adde : Cass. avis, 3 June 2013, LawLex202100002105JBJ (LJ).

C. com., art. R. 622-18, applicable by reference to art. R. 641-11. For an application, see CA Paris, 1 March 2011, LawLex202100004054JBJ (LJ).

Bankruptcy Law

642. Standing to act

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Les décisions de justice citées dans ce paragraphe :

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642. Standing to act

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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