Bankruptcy Law

Prior to the Law of 26 July 2005 , the rule that individual lawsuits and enforcement procedures must be adopted only concerned earlier creditors. Now, like earlier creditors, later non-privileged creditors can no longer sue the debtor individually or initiate enforcement proceedings against him/her, as from the judgment opening the liquidation procedure .
a) Prior claims
The principle of the inter …

Prior claims and non-privileged claims

Prior to the Law of 26 July 2005 , the rule that individual lawsuits and enforcement procedures must be adopted only concerned earlier creditors. Now, like earlier creditors, later non-privileged creditors can no longer sue the debtor individually or initiate enforcement proceedings against him/her, as from the judgment opening the liquidation procedure .

The principle of the interruption and prohibition of legal actions applies in particular to a forward sale concluded before the opening judgment, which entails the immediate transfer of ownership of the property and which, as such, gives rise to a prior claim, even if the payability of the price has been deferred , or to an employee's action for payment of wage claims, which arose prior to the opening judgment of the debtor's insolvency procedure .

Non-privileged subsequent claims are claims that do not regularly arise 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.  Accordingly, a claim for payment arising from a loss occurring during the observation period, the privileged nature of which has not been established, must be declared inadmissible . A creditor whose claim cannot be enforced against the debtor's insolvency procedure on the grounds that it arose from an act that the debtor could not have performed alone, cannot obtain payment during the procedure . Lastly, in the event of a court-supervised liquidation procedure, claims properly arising after the opening judgment, in return for a service rendered to the debtor, are exempt from the rule of stay of action only in the event of provisional maintenance of the business .

Law 2005-845 of 26 July 2005 de sauvegarde des entreprises.

C. com. L. 622-21, applicable to the receivership procedure by reference to art. L. 641-3.

Cass. com., 20 March 2019, LawLex202100005202JBJ (LJ).

Cass. soc., 21 November 2018, LawLex202100003736JBJ (LJ).

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

Cass. com., 19 September 2018, LawLex202100001086JBJ (LJ).

Cass. com., 8 April 2015, LawLex202100002579JBJ (LJ).

Bankruptcy Law

704. Prior claims and non-privileged claims

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Les notions juridiques connexes

704. Prior claims and non-privileged claims

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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