Bankruptcy Law

Before ruling on the opening of the insolvency procedure, the court may appoint a court to gather information on the financial, economic and social situation of the company, in order to assess, in particular, whether it is indeed in a state of cessation of payments . This prerogative can only be exercised by the court: an order by the president of the commercial court appointing an investigating c …

Investigation of debtor's situation

Before ruling on the opening of the insolvency procedure, the court may appoint a court to gather information on the financial, economic and social situation of the company, in order to assess, in particular, whether it is indeed in a state of cessation of payments . This prerogative can only be exercised by the court: an order by the president of the commercial court appointing an investigating court is liable to annulment .

In principle, a court's decision to appoint an investigating court to verify waivers of debts and the status of shareholders' current accounts, in order to determine whether an insolvency procedure should be opened, is not subject to appeal, unless it is ultra vires . There is no minimum limit to the duration of the investigating court's inquiry into a company's economic and social situation. Consequently, a court hearing an application to open an insolvency procedure may, even if it has appointed an investigating court, open the procedure on the same day .

The investigating court, who is not obliged to hear the company's representatives , may be assisted by any expert of his or her choice. Here again, this prerogative is reserved for its beneficiary: the court cannot itself appoint an expert without committing an abuse of power .

The investigating court must draw up his report on the financial, economic and social situation of the company in writing, file it with the court registry and communicate it to the debtor and the public prosecutor to enable an adversarial debate to take place at the hearing. Failure to comply with these formalities may result in the opening judgment being declared null and void . Under the same sanction, the investigating court may not sit on the judging panels or take part in the deliberations of the procedure .

C. com., art. L. 621-1, applicable to the court-supervised liquidation procedure on reference from art. L. 641-1.

CA Reims, 14 March 2011, LawLex202100005128JBJ (LJ).

CA Amiens, 8 April 2004, LawLex202200000091JBJ (RJ).

CA Paris, 24 October 1989, LawLex202100005001JBJ (LJ).

Cass. com., 28 January 1997, LawLex202100005126JBJ (LJ).

CA Paris, 12 June 2018, LawLex202100005125JBJ (LJ).

CA Pau, 25 April 2013, LawLex202100005127JBJ (LJ).

Bankruptcy Law

667. Investigation of debtor's situation

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Les notions juridiques connexes

667. Investigation of debtor's situation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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