Bankruptcy Law

Article L. 622-7 of the Commercial Code, applicable to the receivership procedure by reference from Article L. 641-3, stipulates that the judgment opening the insolvency procedure “also entails, ipso jure, a prohibition on payment of any claim arising after the opening judgment, not mentioned in I of Article L. 622-17”. Article L. 622-17, I, which is also applicable by reference from Article L. 64 …

Non-privileged subsequent claims

Article L. 622-7 of the Commercial Code, applicable to the receivership procedure by reference from Article L. 641-3, stipulates that the judgment opening the insolvency procedure “also entails, ipso jure, a prohibition on payment of any claim arising after the opening judgment, not mentioned in I of Article L. 622-17”. Article L. 622-17, I, which is also applicable by reference from Article L. 641-13, refers to claims which have been duly incurred, after the opening judgment, for the purposes of the procedure or the observation period, or in return for a service provided to the debtor during this period.

As with prior claims, subsequent claims that have arisen in an irregular manner cannot be paid on the due date by the debtor. This is the case, for example, of a claim for indemnity arising after the opening judgment, in the absence of a notarized deed confirming a preliminary sales agreement for real estate signed by a debtor and not ratified by the liquidator , or of a claim arising from the theft of goods during the debtor's observation period . Subsequent claims, which have not arisen for the purposes of the procedure or the observation period, or in return for a service provided to the debtor during this period, such as a claim for property tax, are also covered by the prohibition on payments .

Cass. com., 21 February 2012, LawLex202100005131JBJ (LJ).

Cass. com., 17 October 2018, LawLex202100002461JBJ (RJ).

Cass. com., 14 October 2014, LawLex202100002480JBJ (LJ).

Bankruptcy Law

695. Non-privileged subsequent claims

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Les notions juridiques connexes

695. Non-privileged subsequent claims

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise