Bankruptcy Law

Under the terms of Article R. 631-1 of the Commercial Code , an application to open a court-supervised liquidation procedure must be filed with the registry of the relevant court. The text lists the documents to be attached to the application. In particular, the debtor must provide the annual accounts for the last financial year, a statement of current liabilities and available assets, and a decla …

Filing and content of the application to open a liquidation procedure

Under the terms of Article R. 631-1 of the Commercial Code , an application to open a court-supervised liquidation procedure must be filed with the registry of the relevant court. The text lists the documents to be attached to the application. In particular, the debtor must provide the annual accounts for the last financial year, a statement of current liabilities and available assets, and a declaration of cessation of payments.

The debtor must also attach a cash flow statement less than one month old, the number of employees on the date of the application, and a summary inventory of the debtor's assets or, if assets have been allocated to the business in difficulty, the assets allocated to carrying on that business. The application for the opening of the insolvency procedure also contains a quantified statement of the debtors' claims and debts, with an indication, as appropriate, of the name or designation and domicile or registered office of the creditors and, in the case of employees, the total amount of unpaid sums. The list of creditors drawn up by the debtor at the time of filing the application to open the procedure cannot be considered as a declaration of claim on behalf of the creditor .

Other information is required, such as a statement on honor certifying that there have been no ad hoc mandates or conciliation procedure relating to the assets in question in the eighteen months preceding the date of the application, as well as other documents that vary according to the form in which the debtor carries on its business and the nature of the business itself.

Applicable to the court-supervised liquidation procedure on referral from art. R. 640-1.

CA Rouen, 9 November 2017, LawLex202200006534JBJ (RJ); 11 May 2017, LawLex202200006535JBJ (RJ).

Bankruptcy Law

655. Filing and content of the application to open a liquidation procedure

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655. Filing and content of the application to open a liquidation procedure

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise