Bankruptcy Law

An inventory of the debtor's assets and encumbrances must be drawn up as soon as the procedure is opened . Pursuant to Article L. 641-1, II(7) of the Commercial Code, the court appoints a commissioner, a notary or a sworn goods broker to carry out the inventory provided for in Article L. 622-6 and the appraisal of the debtor's assets, if necessary, in consideration of the respective powers conferr …

Inventory and appraisal of debtor's assets

An inventory of the debtor's assets and encumbrances must be drawn up as soon as the procedure is opened . Pursuant to Article L. 641-1, II(7) of the Commercial Code, the court appoints a commissioner, a notary or a sworn goods broker to carry out the inventory provided for in Article L. 622-6 and the appraisal of the debtor's assets, if necessary, in consideration of the respective powers conferred on them by the provisions applicable to them. The court registrar informs the person responsible for carrying out the inventory of this appointment by any means .

The receiver is not obliged to compensate for the debtor's failure to draw up and file the inventory, and is therefore not required to check whether any assets present in the debtor's assets are likely to be claimed . Furthermore, the individual entrepreneur debtor must include in the inventory any assets held in connection with the business for which the procedure has been opened, which are included in another of his assets and which he may request to be taken over under the conditions set out in Article L. 624-19 .

An incomplete, summary or unusable inventory is equivalent to the absence of a compulsory inventory . An inventory is deemed incomplete when the judicial commissioner fails to itemize the spare parts claimed by a creditor, which benefit from a retention-of-title clause, even though the creditor has provided a detailed listing . In the absence of an inventory , or in the case of an incomplete inventory , the burden of proving that the goods claimed by a creditor, which remained in the debtor's possession during the insolvency procedure and the enforcement of the continuation plan, no longer existed in kind on the date of the opening judgment, lies with the liquidator representing the debtor. If the liquidator is unable to provide such proof, the claim is admissible . Furthermore, a debtor who does not allow the judicial commissioner to draw up an inventory of his assets by barring access to his premises, and who does not allow the liquidator to draw up a plan by refusing to transmit the slightest accounting element and the list of his creditors, cannot contest the conversion of his procedure . The debtor's failure to cooperate in drawing up the inventory is also punishable by a management ban, under Article L. 653-8 of the Commercial Code.

The inventory must be filed with the court registry by the person who drew it up. A copy must be given to the debtor, the receiver (if one has been appointed) and the liquidator.

C. com., art. L. 622-6, applicable to the court-supervised liquidation by reference to art. L. 641-1, I.

C. com., art. R. 621-7-1, applicable to the court-supervised liquidation by reference to art. R. 641-1.

Cass. com., 27 September 2016, LawLex202100005232JBJ (LJ).

C. com., art. L. 624-19, applicable to the court-supervised liquidation by reference to art. L. 641-14.

CA Bordeaux, 22 November 2021, LawLex202200000711JBJ (S).

CA Grenoble, 8 October 2020, LawLex202200000712JBJ (S).

Cass. com., 1 December 2009, LawLex202100001542JBJ (LJ).

CA Douai, 5 June 2014, LawLex202100005233JBJ (LJ) ; CA Grenoble, 8 October 2020, cited above.

Cass. com., 25 October 2017, LawLex202100001653JBJ (LJ).

CA Chambéry, 6 November 2018, LawLex202200000709JBJ (LJ).

Bankruptcy Law

683. Inventory and appraisal of debtor's assets

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683. Inventory and appraisal of debtor's assets

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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