Bankruptcy Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Preventing difficulties
Part 2: Safeguard
Part 3: Judicial receivership
Chapter 1: Substantive conditions
I: Declaration of cessation of payments by the debtor
II: Referral to the court at the request of the public prosecutor
A: Conditions of admissibility
IV: Referral ex officio (declared unconstitutional)
Section 2: Jurisdiction of the court
Section 3: Examination of the referral
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
661. Abusive application in court
1 minute de lecture
Under Article 696 of the Code of Civil Procedure, the losing party in a lawsuit is ordered to pay the costs . These provisions are likely to apply, in addition to a judgment for damages, to a creditor who abuses the right to summon the debtor to open a court-supervised liquidation procedure. This is the case where a creditor uses the procedure as a means of exerting pressure in order to recover su …
