Bankruptcy Law

Pursuant to Article L. 641-13, I of the Commercial Code, claims arising after the judgment opening or declaring the receivership are paid when due, if they arise as consideration for a service provided to the debtor during the maintenance of the business or in performance of an ongoing contract duly decided after the judgment opening the safeguard or receivership proceedings, if applicable, and af …

Consideration for services rendered to the debtor

Pursuant to Article L. 641-13, I of the Commercial Code, claims arising after the judgment opening or declaring the receivership are paid when due, if they arise as consideration for a service provided to the debtor during the maintenance of the business or in performance of an ongoing contract duly decided after the judgment opening the safeguard or receivership proceedings, if applicable, and after the judgment opening the court-supervised liquidation procedure.

This is the case for a portage claim, made after the opening of the insolvency procedure , or an occupancy indemnity, due as consideration for the debtor's continued enjoyment of the premises, despite an eviction order, after the opening judgment . A lessor's claim for repair work on the leased premises may be considered as consideration for a service provided to the debtor while the business is being maintained, if the alleged damage was caused during this period .

On the contrary, damages for loss of opportunity to re-let the premises immediately do not constitute consideration for a service provided to the debtor, when the lessor has already been paid the rent due and then an occupancy indemnity after termination of the lease . Rents due after the opening of the insolvency procedure, under a non-continued leasing contract, benefit from payment on maturity only for the period between the opening of the procedure and the date of waiver . A claim corresponding to the cost of work to rectify defects and non-performance, and to late payment penalties due under a construction contract performed by the debtor after the opening judgment, is not considered as consideration provided to the debtor . Lastly, a claim for costs resulting from the application of Articles 700 and 701 of the Code of Civil Procedure does not constitute consideration for services provided to the debtor after the opening of the procedure, and cannot therefore be paid when due .

CA Rennes, 23 November 2021, LawLex202200002631JBJ (RJ).

Cass. com., 17 September 2013, LawLex202200002630JBJ (LJ).

See by analogy, Cass. com., 2 December 2014, LawLex202200002550JBJ (RJ).

Cass. com., 2 December 2014, cited above.

See by analogy, Cass. com., 18 September 2007, LawLex202100002470JBJ (RJ).

Cass. com., 18 June 2013, LawLex202200002629JBJ (LJ).

CA Rouen, 26 November 2020, LawLex202200002632JBJ (RJ).

Bankruptcy Law

761. Consideration for services rendered to the debtor

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Les notions juridiques connexes

761. Consideration for services rendered to the debtor

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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