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
A: Merger of assets and liabilities
B: Ficacity of the legal entity
II: Conditions of the action
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
639. Extension of procedure enshrined in law
1 minute de lecture
As far back as the nineteenth century, case law allowed, as a sanction, the extension of an insolvency procedure initiated against a debtor to a company that was not necessarily experiencing difficulties, on the basis of a merger of their assets and liabilities or the fictitious nature of the legal entity. The Safeguard Law formally enshrined this option in Article L. 621-2 of the Commercial Code …