Bankruptcy Law

The principle of the individual stay of action applies equally to new actions  and to proceedings already initiated prior to the opening of the procedure . With the exception of labor court proceedings, which benefit from a special regime set out in Article L. 625-3 of the Commercial Code , ongoing proceedings are interrupted until the pursuing creditor has declared his claim.
The Court of Cassati …

Ongoing proceedings interrupted by the suspensive effect of the opening judgment

The principle of the individual stay of action applies equally to new actions  and to proceedings already initiated prior to the opening of the procedure . With the exception of labor court proceedings, which benefit from a special regime set out in Article L. 625-3 of the Commercial Code , ongoing proceedings are interrupted until the pursuing creditor has declared his claim.

The Court of Cassation defines ongoing proceedings as those initiated prior to the opening judgment , which aim to obtain a final decision on the amount and existence of a claim , or on the setting of a provisional penalty . On the other hand, it considers that summary proceedings aimed at obtaining a provisional judgment do not constitute ongoing proceedings, interrupted by the effect of the opening judgment, as long as they are not aimed at obtaining a final judgment . In such cases, the creditor must submit to the normal verification procedure and to the decision of the bankruptcy judge , and may not resume proceedings. Consequently, the ordinance ordering the debtor to pay an advance must be overturned  since the claim for payment of a sum of money in respect of an earlier claim has become inadmissible by virtue of the rule prohibiting legal proceedings .

Claims against a debtor for events occurring prior to the opening judgment are subject to the rule of stay of action, especially where the creditor has not declared his claim . Article L. 622-22 of the Commercial Code  stipulates that proceedings are interrupted until the creditor has declared his claim . Interrupted proceedings are then resumed ipso jure by the liquidator , but only for the purposes of establishing claims and fixing their amount . The court is required to assess the regularity of the claim declaration and the resumption of proceedings .

Lastly, proceedings in progress cannot be interrupted by the suspensive effect of the opening judgment of a court-supervised liquidation procedure, when this judgment was issued after the opening of the proceedings , or during the deliberations , before the court of appeal. If a debtor is ordered to pay a sum of money while proceedings are in progress at the date of the opening judgment, the judgment must be deemed null and void .

C. com. L. 622-21, applicable to a court-supervised liquidation procedure by reference to art. L. 641-3 C. com.

C. com. L. 622-22, applicable to the court-supervised liquidation procedure by reference to art. L. 641-3 C. com.

TGI Paris, 21 September 2017, LawLex202100005578JBJ (S).

Applicable to the court-supervised liquidation procedure by reference to art. L. 641-3 C. com.

See for an application, Cass. 3e civ., 6 October 2010, LawLex202100002564JBJ (S).

See, by analogy, Cass. com, 14 September 2022, LawLex202200008177JBJ (S), holding that a summary ordinance issued after the proceedings have been interrupted must be deemed null and void, in the absence of a challenge before this court of the bodies involved in the insolvency procedure.

Cass. com., 3 April 2019, LawLex202100002587JBJ (LJ) ; 14 February 1995, LawLex202100002569JBJ (RJ).

Cass. 2e civ., 18 December 2003, LawLex202100002570JBJ (RJ).

Cass. com., 15 December 2009, LawLex202100002566JBJ (RJ).

Applicable to a court-supervised liquidation procedure by reference to arts. L. 641-4 and L. 641-14 C. com.

Cass. com., 8 April 2015, LawLex202100002588JBJ (LJ) ; 15 December 2015, LawLex202100002589JBJ (RJ).

Cass. com., 6 October 2009, LawLex202100002572JBJ (S).

Cass. com., 31 May 2011, LawLex202200001761JBJ (LJ).

Cass. com., 29 September 2015, LawLex202100002574JBJ (LJ).

Cass. com., 12 July 1994, LawLex202100002528JBJ (LJ) ; 23 May 2000, LawLex202100002532JBJ (LJ) ; 6 October 2009, cited above.

Cass. com., 19 September 2018, LawLex202100002575JBJ (S).

Cass. com., 9 July 2002, LawLex202100002576JBJ (LJ) ; 15 March 2005, LawLex202100002578JBJ (RJ) ; 11 December 2019, LawLex202200001760JBJ (S).

Bankruptcy Law

707. Ongoing proceedings interrupted by the suspensive effect of the opening judgment

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707. Ongoing proceedings interrupted by the suspensive effect of the opening judgment

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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