Bankruptcy Law

The claiming owner must send his claim to the liquidator within three months of the opening of the court-supervised liquidation procedure, by registered letter with acknowledgement of receipt . The registered letter containing the claim does not have to be addressed to the debtor subject to the court-supervised liquidation procedure, as long as he is represented by the liquidator .
A registered le …

Acceptance of claim

The claiming owner must send his claim to the liquidator within three months of the opening of the court-supervised liquidation procedure, by registered letter with acknowledgement of receipt . The registered letter containing the claim does not have to be addressed to the debtor subject to the court-supervised liquidation procedure, as long as he is represented by the liquidator .

A registered letter with acknowledgement of receipt sent to the liquidator, which unambiguously expresses the seller's wish to claim the property held by the debtor, and invites the liquidator to take a position on the claim, starts the one-month period granted to the liquidator by Article R. 624-13 of the Commercial Code to take a position , regardless of whether a second letter is subsequently sent to rectify certain elements of the claim in the light of the inventory carried out in the meantime . 

On the other hand, a letter from the lessor asking the liquidator, or the receiver if one has been appointed, to take a position on the continuation of the current contract does not constitute a request for revendication, since it does not invite the liquidator to take a position on his right of ownership of the property .

The liquidator, with the agreement of the receiver, if one has been appointed, may accept a claim for revendication or restitution of property . The liquidator's decision to continue a contract in progress does not constitute acceptance of the claim . Similarly, a proposal by the liquidator to pay the claimant, who is invoking a retention-of-title clause, a much lower value for the goods in stock than that claimed, does not constitute acceptance of the claim, given the disagreement that has arisen . The liquidator's failure to acquiesce to a claim cannot engage his liability, since he has discretionary power in the matter .

In the absence of agreement between them, or in the event of a dispute, the claim is referred to the bankruptcy judge, who makes a decision in the light of the observations of the claimant, the debtor, the liquidator and, where applicable, the receiver .

Cass. com., 2 November 2016, LawLex202100001661JBJ (LJ).

Applicable to the court-supervised liquidation procedure pursuant to art. R. 641-31 C. com.

See by analogy, Cass. com., 18 May 2017, LawLex202100003398JBJ (RJ).

See by analogy, Cass. com., 12 March 2013, LawLex202100003440JBJ (RJ).

See by analogy, Cass. com., 12 January 2016, LawLex202100001699JBJ (S).

See by analogy, Cass. com., 3 May 2016, LawLex202100001700JBJ (RJ).

See by analogy, Cass. com., 5 April 2016, LawLex202100003400JBJ (LJ).

Bankruptcy Law

857. Acceptance of claim

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857. Acceptance of claim

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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