Bankruptcy Law

In order to avoid an increase in the debtor's liabilities, the first sentence of Article L. 622-28 of the Commercial Code, applicable to the court-supervised liquidation procedure on the basis of Article L. 641-3, requires that legal and contractual interest, as well as all late payment interest and surcharges, be suspended from the time of the opening ruling. A court ruling that a debtor is to be …

Interest on prior claims

In order to avoid an increase in the debtor's liabilities, the first sentence of Article L. 622-28 of the Commercial Code, applicable to the court-supervised liquidation procedure on the basis of Article L. 641-3, requires that legal and contractual interest, as well as all late payment interest and surcharges, be suspended from the time of the opening ruling. A court ruling that a debtor is to be wound up by the court does not call into question the court ruling that must adopt the accrual of interest and late payment surcharges resulting from the prior receivership . On the other hand, the revocation of a court ruling opening an insolvency procedure retroactively deprives the latter of all its effects, including that of stopping the accrual of interest .

This rule applies only to claims prior to the court ruling opening the court-supervised liquidation, and not to subsequent privileged claims , so it does not apply to claims by the seller, who holds a retention-of-title clause, where the goods, which existed in kind at the date of the court ruling, have subsequently been resold . On the other hand, rent claims  and wage claims  made prior to the court ruling on the opening of the business cannot concern interest at the legal rate from that date. Similarly, the court ruling on the opening of the insolvency procedure definitively adopts the interest rate on claims for compensation for redundancy without real and serious cause  and on wage claims arising from the dismissal of an employee for gross misconduct , which arose prior to the insolvency procedure. Furthermore, Article L. 622-28 applies only to interest falling due: interest accrued prior to the date of the opening court ruling is not subject to the must adopt court ruling .

Cass. com., 7 February 1989, LawLex202200002779JBJ (LJ).

Cass. com., 17 October 2018, LawLex202100002210JBJ (S).

Cass. com., 20 June 2000, LawLex202200002763JBJ (LJ).

Cass. com., 11 July 1995, LawLex202200002762JBJ (RJ).

Cass. com., 24 May 2016, LawLex202100002650JBJ (RJ).

Cass. soc., 7 January 1992, LawLex202200002761JBJ (RJ).

Cass. soc., 13 January 1999, LawLex202100003734JBJ (RJ) ; 13 June 2001, LawLex202100003735JBJ (LJ).

Cass. soc., 23 November 1999, LawLex202200002783JBJ (LJ).

Cass. com., 28 May 2013, LawLex202100002798JBJ (RJ).

Bankruptcy Law

779. Interest on prior claims

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Les notions juridiques connexes

779. Interest on prior claims

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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